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Home My WebLink About1996.12.17_City Council Agenda1 1 i PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 17, 1996 TIME: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, December 13, 1996. 1. Call to Order 2. Flag Salute 3. Roll Call Marc Boutwell, City Clerk AGENDA 4. Request Approval of the Minutes of December 3, 1996 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 i, Owasso City Council December 17, 1996 Page 2 ~ 6. Consideration and Appropriate Action Relating to Resolution #96-15 Approving Action Taken by The Owasso Public Works Authority Authorizing Issuance, Sale and Delivery of the Authority's Series 1996 Direct SRF Interim Construction Promissory Note to the ~ Oklahoma Water Resources Board; Ratifying and Confirming a Certain Lease, as Amended, Pertaining to Certain Proprietary Revenue-Producing Utility Systems Serving the City of Owasso; Approving and Authorizing Execution and Delivery of a Sales Tax Agreement Pertaining to a Year-to-Year Pledge of Certain Sales Tax Revenue; and Containing Other Provisions Related Thereto. Mr Ray Attachment #6 The staff will recommend Council approval of Resolution #96-15. 7. Consideration and Appropriate Action Relating to Council Approval of a Name Chosen for the City Park on 86th Street North. Mr Rooney Attachment #7 The staff will present the winner of the "Name the Park" contest and request that her choice of a name for the park on 86th St N be approved by Council. 8. Consideration and Appropriate Action Relating to a Request for Council Adoption of a Policy Regarding Residential Neighborhood Traffic Control. Mr Rooney Attachment #8 The staff will recommend Council adoption of a policy regulating the installation of certain traffic control devices/signs, and providing for a process through which such signage may be requested. Owasso City Council December 17, 1996 Page 3 ^ 9. Consideration and Appropriate Action Relating to the Presentation of an Independent Audit of Financial Transactions for the General Fund and Other Funds for FY 1995-96, and a ' Request for the Council to Receive the Audit Report. Ms Bishop Attachment #9 The staff will present the 1995-96 annual audit to the Council and will recommend the City Council "receive" the audit for review and information. 10. Consideration and Appropriate Action Relating to a Request for Final Acceptance of Work Performed Under a Contract for Signalization Improvements to the Intersection at 96th Street North and Garnett Road, Between the City of Owasso and Bee-Line Traffic Control, and Authorization for Final Payment and Release of Retainage to the Contractor. Mr Lutz Attachment #10 The staff will recommend Council acceptance of the work performed under the contract, and that final payment in the amount of $8360 be authorized. 11. Consideration and Appropriate Action Relating to a Request for the Adoption of an Amendment to the Personnel Policies Manual of the City of Owasso, Specifically Amending Chapter 9 Containing Regulations and Procedures Governing Travel by Persons While on City Business. Mr Harder Attachment # 11 The staff will recommend Council adoption of amendments to the Personnel Policies that specifically address Chapter 9 providing for the authorization and reimbursement for travel. The proposed amendment is comprehensive, and significantly changes the method of authorization and reimbursement for that travel. Owasso City Council December 17, 1996 Page 4 ~ 12. Consideration and Appropriate Action Relating to a Request for Council Adoption of a Policy Regarding Mandatory Random Testing of Persons Employed by the City of Owasso for the Purpose of Detecting the Use and/or Abuse of Controlled Substances. Mr Harder Mr Ray Attachment #12 The staff will recommend Council adoption of a policy that requires the mandatory, random testing of all eligible employees for detection of the use of controlled substances, such policy containing the methods, procedures, and regulations regulating the testing process and the safeguards employed to protect those being tested. r A 13. Report from City Manager 14. Report from City Attorney 15. Reports from City Councilors 16. Unfinished Business Owasso City Council December 17, 1996 Page 5 17. New Business 18. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 3, 1996 The Owasso City Council met in regular session on Tuesday, December 3, 1996 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p. m. on Wednesday, November 27, 1996. ITEM 1: CALL TO ORDER Mayor Ewing called the meeting to order at 7:03 p. m. ITEM 2: INVOCATION The invocation was given by Officer Kenny Yount of the Owasso Police Department. ITEM 3: FLAG SALUTE Mayor Ewing led in the flag salute. ITEM 4: ROLL CALL ~ PRESENT ABSENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor ~ Michael Helm, Councilor Tracy Standridge, Councilor STAFF Rodney J Ray, City Manager ' Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATION. Mayor Ewing read a proclamation proclaiming the month of December 1996 as National Drunk and Drugged Driving (3D) Prevention Month in Owasso. Chief Alexander and Officer Kenny Yount accepted the proclamation. ITEM 6: RE UEST APPROVAL OF THE MINUTES OF NOVEMBER 5. 1996 ' REGULAR MEETING. Mr Ramey moved, seconded by Mr Standridge, to approve the minutes as submitted; by ' reference made a part hereto. Owasso City Council December 3, 1996 AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 7: REQUEST APPROVAL OF THE CLAIMS Mr Standridge moved, seconded by Mr Ramey, that the following claims be approved as submitted: (1) General Fund $20,015.35; (2) Workers Comp Self-Ins $20,910.40; (3) Ambulance Service Fund $2,298.86; (4) City Garage $935.61; (5) Capital Improvements $533.80; (6) Payroll $104,186.61; (7) City Garage Payroll $1,955.54. AYE: Standridge, Ramey, Helm, Barnhouse, Ewing NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL PLAT APPROVAL FOR BRENTWOOD PARK The staff, and Mr Tom Kimball, owner of the property, requested that this item be removed from the agenda because the required DEQ permits have not been received. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #533. AN ORDINANCE PROVIDING FOR THE REZONING OF A TRACT OF LAND FROM AG (AGRICULTURE) AND RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) TO RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) AND CS (COMMERCIAL SHOPPING CENTERI SUCH PROPERTY LOCATED NORTH AND WEST OF THE NORTHWEST CORNER OF EAST 86TH STREET NORTH AND 145TH EAST AVENUE CONTAINING 141.30 ACRES. MORE OR LESS. At the November 19, 1996 meeting, the City Council approved the above-mentioned rezoning request. Ordinance #533 formally adopts that action. Mr Ramey moved, seconded by Ms Barnhouse, to approve Ordinance #533. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carved 5-0. ~~ 2 w Owasso City Council December 3, 1996 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #534 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT OPUD-14 PROVIDING FOR SUPPLEMENTAL PUD ZONING ON A TRACT OF LAND LOCATED NORTH AND WEST OF THE NORTHWEST CORNER OF EAST 86TH STREET NORTH AND 145TH EAST AVENUE CONTAINING 141.30 ACRES, MORE OR LESS. At the November 19, 1996 meeting, the City Council approved the above-mentioned rezoning request. Ordinance #534 formally adopts that action. Mr Standridge moved, seconded by Mr Ramey, to approve Ordinance #534. AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A BID FOR CONSTRUCTION OF A PARKING LOT AT THE OWASSO SPORTS PARK. ' The staff has completed the bidding process and reviewed the bids received for the construction of a parking lot at the Sports Park. Bids were received from eight contractors, with AM-Rail Construction of Tulsa being the lowest bidder. A review of the company's project history indicates a positive performance. Mr Groth questioned whether the specifications would meet city requirements of dust free parking. Mr Ramey moved, seconded by Mr Standridge, to award the bid for parking lot improvements at the Sports Park to AM-Rail Construction, Tulsa, OK in the amount of $19,089. AYE: Ramey, Standridge, Helm, Barnhouse, Ewing NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REO_UEST AUTHORIZING THE STAFF TO SOLICIT BIDS FOR THE PURCHASE OF A RADIO REPEATER. Specifications have been developed for a one hundred watt, continuous duty radio repeater for use in the radio network that serve public works, parks, community development, support ~ services and utility billing. The repeater currently in use is 20 years old and regularly malfunctions. The purchase of a repeater would become part of an overall communications upgrade. Mr Ramey moved, seconded by Ms Barnhouse, to approve the specifications and authorize the solicitation of bids for the purchase of a radio repeater. 3 r Owasso City Council December 3, 1996 AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND, POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $25 000 The City of Owasso has been awarded a $25,000 grant to assist in funding a DARE officer's salary. The grant was awarded after the current budget was adopted and was not included in the schedule of estimated revenues, therefore, a supplemental appropriation in the amount of the grant must be approved. The grant will free up General Fund money, which would allow the hiring of an additional officer. Mr Ramey moved, seconded by Ms Barnhouse, to approve a supplemental appropriation to the General Fund's Police Department budget in the amount of $25,000, the amount of the grant received. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0. Proposals have been received from six contractors to restore right-of-way fencing on three properties at the 96th St N and Garnett Rd intersection. After the proposals were received, it was learned that the Owasso FFA might be interested in doing part of the work as a project. This item was tabled at the request of staff until the FFA can be contacted regarding their interest in the project. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER SYSTEM CONSTRUCTED TO SERVE NOTTINGHAM II AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY OKLAHOMA Public Works personnel have conducted a final inspection of the water system serving Nottingham Estates II, with no deficiencies being noted. A one-year maintenance bond has been provided and will become effective upon acceptance of the infrastructure. Mr Ramey moved, seconded by Ms Barnhouse, to accept the improvements to the water system constructed to serve Nottingham Estates II. 4 Owasso City Council December 3, 1996 AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #532 AN ORDINANCE AMENDING PART 4, ANIMALS CHAPTER 1 ANIMAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO. ~ Following the November 5th City Council meeting where questions were raised about some specific items within the proposed animal control ordinance, a meeting was held at the animal shelter to discuss those concerns. As a result of that input, several modifications were made to the proposed ordinance. The ordinance has been discussed on several occasions and no further ^ questions were raised. Mr Standridge moved, seconded by Mr Ramey, to approve Ordinance #532, an ordinance amending Part 4, Animals, Chapter 1, Animal Regulations of the Code of Ordinances of the City of Owasso. AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #532. ~ Because of the cost associated with publishing the entire ordinance as required by law, staff requested the attachment of an emergency clause. An emergency clause will allow for the t publication of the title of the ordinance only and the date it was adopted. Mr Standridge moved, seconded by Mr Ramey, to a approve the attachment of an emergency clause to Ordinance #532. AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 18: REPORT FROM CITY MANAGER ~ Mr Ray reported that crosswalk plans for the new school have been submitted to the engineering department. They have been reviewed and it has been determined that some modifications need ' to be made. 5 Owasso City Council December 3, 1996 ITEM 19: REPORT FROM CITY ATTORNEY No report. ITEM 20: REPORT FROM CITY COUNCILORS Councilor Helm said that the electrical utility poles on the west side of the golf course still have not been moved. ITEM 21: UNFINISHED BUSINESS None. ITEM 22: NEW BUSINESS None. "~ ITEM 23: ADJOURNMENT Mr Ramey moved, seconded by Ms Barnhouse, to adjourn. AYE: Ramey, Barnhouse, Standridge, Ewin g NAY: None Motion carried 5-0, and the meeting was adjourned at 7:43 p.m Danny Ewing, Mayor Marcia Boutwell, City Clerk 6 ~ ~ CITY DI' OWASSO GENERAL FUND 1~~/13,'96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: ' PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 971199 HOLLIS SPEAR CEMETERY LOT REFUND 400.00 971281 ROSE CASILLAS CEMETERY LOT REFUND 300.00 DEPARTMENT TOTAL =___) 700.00 MANAGERIAL ------------------------------ 970935 GO SYSTEMS FUEL 11/96 74.17 970986 CITY GARAGE REPAIRS 11/96 306.18 ~ 971248 WAL-MART EMP APPRECIATION 19.85 971262 CUSTOMCRAFT AWAP,D PLAQUES 135.00 971297 SUBURBAN OFFICE SUPPLY EMPLOYEE RECOGNITION 53.10 ' 971299 TREASURER PETTY CASH EMPLOYEE RECOGNITION 66.82 971299 TREASURER PETTY CASH AWARDS BANQUET 192.49 971299 TREASURER PETTY CASH REIMB MILEAGE 33.3b ~ 971299 TREASURER PETTY CASH WINTER WONDERLAND 63.63 971299 TREASURER PETTY CASH CITY MGR EXPENSES 249.86 971309 WAL-MART TABLECLOTHS-COMM CTR 240.00 971314 SUBURBAN OFFICE SUPPLY OFFIL'E SUPPLIES 5.00 971322 LELA DAVIS CATERING SERVI EMPLOYEE RECOGNITION 1,840.00 971327 MICHELE CHRISTENSEN WELLNESS PP.OGRAM 143.00 971328 CUSTOMCRAFT EMP RECOGNITION AWARDS 2,020.25 DEPARTMENT TOTAL =___} 5,442.71 FINANCE ------------------------------ 971299 TREASURER PETTY CASH REIMB PETTY CASH 5.00 971299 TREASURER PETTY CASH REIM$ PETTY CASH .70 DEPARTMENT TOTAL =___> 5.70 COMMUNITY DEVELOPMENT ------------------------------ 970054 TULSA COUNTY MIS DIAL-UP SERVICE 40.00 970985 GO SYSTEMS FUEL 11/96 146.76 970986 C1TY GARAGE REPAIRS 11196 10.03 971248 WAL-MART FILM 27.91 9712b5 BOCA INTER?iATIONAL ANNUAL MEMBERSHIP 120.00 971299 TREASURER PETTY CASH REIMB PETTY CASH 5.00 3 CITY OF OWA5SO GENERAL FUND 12/13/9b 8:27:27 A/F CLAIMS REPORT APAPVR PAGE: 4 PO # VENDOR DESCP.IPTION AMOUNT M 971300 FiILLS COMMUNICATIONS RADIO REPAIR ~~ 158.20 971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES 2,20 " 971343 REASORS FILM/DEVELOPING 136.39 DEPARTMENT TOTAL =___; 59b.49 ENGINEERING 970985 GO SYSTEMS FUEL 11/96 41.18 ~ 9`'098b CITY GARAGE REPAIRS 11/9b 47.75 ' DEPARTMENT TOTAL =___} gg.y3 GENERAL GOVERNMENT ---------- -------------------- 970401 RONALD D GATES RETAINER 700.00 ,, 970001 RONALD D GATES LEGAL SERVICES 150.11 ~~ 970005 US POSTMASTER METER POSTAGE 1,000.00 ~~ 970033 ALL COPY SUPPLIES PRINTER CAF.TRIDGE 120.00 970348 MEMBER SERVICE LIFE MONTHLY FEE 100.00 ~ 970986 CITY GARAGE REPAIRS 11/9b ib5.i1 971174 SAM'S GLOB CLEARING/OFFICE SUPPLIES 35.96 971238 THOMASON & MOSS BOND F.E2iEWAL 450.00 „ 471245 MIP.EX CORP COPIER MAINTENANCE 410.49 971299 TREASURER PETTY GASH REIMB PETTY CASH 4.40 971299 TREASURER PETTY CASH REIMB PETTY GASH 15.00 971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES 5.18 DEPARTMENT TOTAL =___} 3,15b.25 3~ SUPPORT SERVICES "~ 970342 DEPARTMENT OF CORRECTIONS DOC WORKERS/PAY 263.00 970620 AT&T WIRELESS SERVICES PHONE U5E-MCELRATH 20.80 970985 GO SYSTEMS FUEL 11/9b 152.42 970985 GO SYSTEMS FUEL 11/96 112.02 970986 CITY GARAGE REPAIRS 11/96 301.47 97098b CITY GARAGE REPAIRS 11/9b 262.91 971061 KIMBALL ACE HARDWARE REPAIR/HAIRY SUPPLIES 88.57 971133 YALE UNIFORM RENTAL UNIFORM CLEAR/RENT 40.10 971174 SAM'S CLUB JANITORIAL SUPPLIES 114.b7 971248 WAL-MART REPAIR/MAINT SUPPLIES 5.88 971251 TAYLOE PAPER CO JANITORIAL SUPPLIES 154.24 ~ 1 CIT`I OF OWASSO ' GENERAL FUND 12:13/94 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: ' ---FO-#--- ---------VENDOR---------- ------DESCRIPTION-------- AMOUNT 971298 TREASURER PETTY CASH REIMB DOC MEALS 154.00 971299 TREASURER PETTY CASH REIMB PETTY CASH 3.60 DEPARTMENT TOTAL =___> 1,b73.68 ' CEMETERY ------------------------------ 970985 GO SYSTEMS FUEL 11/96 15.34 DEPARTMENT TOTAL =___) 15.34 POLICE SERVICES ------------------------------ ' 970010 THREE LAKES LAUNDRY UNIFORM CLEAHIHG 297.65 970013 HOWARD STAMPER RETAINERlSERVICES 150.00 970033 ALL COPY SUPPLIES PRINTER CARTRIDGE 75.00 970460 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 130.00 970461 FIRST BARK CLAREMORE FSB COPIER LEASE 8/20/96 202.00 970685 I.A.C.P. CONFERENCE-ALEXANDER 135.00 970985 GO SYSTEMS FUEL 11l9b 1,594.06 970986 GITY GARAGE REPAIRS 11/96 472.70 971061 KIMBALL ACE HARDWARE REPAIR/MAIHT SUPPLIES 25.08 9?1170 WAL-MART OFFICE SUPPLIES 22.47 971170 WAL-MART OFFIGE SUPPLIES 3.97 971174 SAM'S CLUB OFFICE/CLEAHIHG SUPPLIES 52.b0 971239 HILLCREST MEDICAL CENTER PHYSICAL-TOWNSEHD 300.00 ~ 971243 WEST PUBLISHING CO OKLAHOMA STATUTES 126.07 971248 WAL-MART REPAIR/MAIHT SUPPLIES 4.59 9?1251 TAYLOE PAPER CO JANITORIAL SUPPLIES 22.65 971258 SIMPLY FRAMES RETIREMENT RECOG-TAYLOR 34.00 971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES 13.20 ~ 971310 REASORS FILM DEVELOP,DOG FOOD 113.82 DEPARTMENT TOTAL =___> 3,774.86 POLICE COMMUNICATIONS ------------------------------ 970010 THREE LAKES LAUNDRY PRISONER LAUNDRY 46.76 971310 REASORS PRISONER MEALS 153.09 DEPARTMENT TOTAL =___> 199.85 5 ANIMAL CONTROL ------------------------------ 12/13/96 8:27:27 CITY OF OWASSO GENERAL FUND A: P CLAIMS REPOP.T APAPVR PAGE : 6 PD # VENDOR DESCP,IPTIt]N AMDUi€T ---------- ------------------------- ------------------------- ------------- 970985 GO SYSTEMS FUEL it/9b 41.98 DEPARTMENT TOTAL =___? 41.98 C-'IRE SERVICE ------------------------------ 970094 BMI SYSTEMS OF TULSA COPIER LEASE 154.00 ~ 970115 AT&T WIRELESS SERVICES PHONE USE-ALLEN 16.60 ,~ 970115 AT&T WIRELESS SERVICES PHONE USE-ALL 27.24 970526 DANNY SCRUGGS VOLUNTEER FIRE RUNS 49.50 970627 TODD GRUENEICH VOLUNTEER FIP,E RUNS 49.50 970628 DON TAYLOR VOLUNTEER FIRE RUNS 49.50 970629 RP.NDALL STARH VOLUNTEER FIRE Ri-NS 49.50 ~ 970630 P.Oti S'PUCKEY VOLUNTEER FIRE RUPIS 49.50 970841 GALL'S INC. INITIAL UNIFORM ISSUE 178.90 970985 GO SYSTEMS FUEL 11.96 454.49 971028 MARK STEVENS VOLUNTEER FIRE RUNS 49.50 971071 WAL-MART MAINT SUPPLIES 96.97 , 971472 CROW BURLINGAME REPAIR SUPPLIES ~ 135.01 971073 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 144.81 971108 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 74.23 971225 STANDARD AUTO SUPPLY REPAIR PARTS 25.60 971226 ULTRA CHEM INC CLEANING SUPPLIES 115.26 971242 CLASSIC CHEVROLET CLUTCH REPAIR 806.55 971273 OKLA STATE FIREFIGHTERS ANNUAL MEMBERSHIP-ALL -----1,073_00 DEPARTMENT TOTAL =___> 3,599.66 STREETS ------------------------------ 970129 PSO STREET LIGHTING 2,247.72 970897 WAL-MART UNIFORM PARTS 99.80 970897 WAL-MART UNIFORM PANTS 89.80 970985 GO SYSTEMS FUEL il/96 573.17 970986 CITY GARAGE REPAIRS 11/96 2,611.05 ~' 971069 A-1 FENCE SIGH POSTS 26?.85 971074 LARSEH ELECTRONICS, INC. KITS-RADIO INSTALL 62.40 971091 KIMBALL ACE HARDWARE MAIHT/REPAIR SUPPLIES 80.63 971118 BIXBY FOUR STAR SAND SAND-ICY STREETS 277.42 971152 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT 171.60 ~,^ 971216 APAC-OKLAHOMA, INC. ASPHALT-POTHOLES 369.74 971299 TREASURER PETTY CASH LICENSE FEE 35.00 DEPARTMENT TOTAL =___) 6,896.18 COMMUNITY CENTER ------------------------------ CITY DF OWAS5D ' GENERAL FUND 12/13/96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: ? PO # VENDOR DESCRIPTIO2i AMOUNT ' 970566 KIMBALL ACE HARDWARE 970620 AT&T WIRELESS SERVICES 970658 KIMBALL ACE HARDWARE ' 970768 KIMBALL ACE HARDWARE 9"!0972 HAROLD KIGHT 971313 TUCKER JANITORIAL ' 971314 SUBURBAPi OFFICE SUPPLY 971315 WAL-MART 971316 DALE & LEE SERVICE INC DEPARTMENT TOTAL =___) ' PARK MAItiTENANCE ------------------------------ 970985 GO SYSTEMS 970986 CITY GARAGE 971192 CIHTAS CORP. 9?1263 KIMBALL ACE HARDWARE 971264 YALE UNIFORM RENTAL 971296 KIMBALL ACE HARDWARE 971321 APAC-OKLAHOMA, INC. 971344 AUDREY REEVE DEPARTMENT TOTAL =___? ECONOMIC DEVELOPMENT ------------------------------ REPA[R SUPPLIES PHONE USE-VAN PAIHT,REPAIR SUPPLIES VEP,TICAL BLINDS REUPHOLSTER FURN 10/15/9b JANITORIAL SUPPLIES COPIEP, TONER CLEANING SUPPLIES SERVICE FURNACES FUEL it/9b REPAIRS 11/9b WINTER JACKETS WI2iTERIZING SUPPLIES UNIFORM CLEAN,'RENT MAINTENANCE 5UPPLIES SCREENINGS-TRAILS CLEAN ELM CREEK RESTROOMS 970620 AT&T WIRELESS SERVICES PHDHE USE-HEHDERSOH 971324 ANGELA HEHDERSON REIMB MILEAGE 9?1324 ANGELA HEHDERSON REIMB MEETING EXPENSE 971343 REASORS FILM/DEVELOPING DEPARTMENT TOTAL =___> FUND TOTAL =___> 53.45 15.40 249.44 669.75 775.00 105.05 188.90 28.75 174.80 2,260.54 104.06 159.43 119.82 69.96 94.40 146.16 10.37 199.00 903.20 24.40 74.20 22.13 7.58 128.31 29,483.68 CITY OF Oi~lASSO 4aORKEP.S' COMP SELF- I?iS PLA?I 12!i3/95 u:2"':27 A/P CLAIMS REPORT APAPVR PAGE: P^ # VE?IL'OR UESCRIPTIO?d AMOU?IT GEKERAL GOVERi~ME?IT ------------------------------ 9703801 Si'. JOHK'S MEDICAL CE?ITER R FLICK 4:16/95 3,28b.65 971222 ?dOVACARE 0&P IKG D JONES b/22/9b 53.00 971311 BEST,SHAP.P,HGLDEK,SHERIDA R CLAUSEH 5/18/94 169.11 971312 KEUROSURGERY SPECIALISTS D JONES b/22/9b 77,gq DEPARTMENT TOTAL =___> 3,586.25 1 FUKD TOTAL =___} 3,586.25 CITY OF OWASSO AMBULANCE SERVICE FUND i~/13/96 8:27:27 A/P CLAIMS REPORT APAFVR PAGE: ' ---PO-# --------VENDOR---------- ------DESCF.IPTIOti-------- ---AMOUNT---- ' AMBULANCE ------------------------------ 970114 MEDICAL COMPLIANCE SPECIA BIO-WASTE SUPPLIES ' 9';0115 AT~T WIRELESS SERVICES PHONE USE-ALL 970116 JEF'FERY GALLES MD MONTHLY EMS AUDIT 970396 MEDICLAIMS, I?iC. MON'PHLY SERVICE FEE ' 971070 PACE PRODUCTS OF TULSA IN AMBULANCE SUPPLIES 971201 MICHIGAN INS'PRUMENTS THUMPER VENTILATOR 971279 OK STATE DEPT HEALTH EMT RECERTIFICATION FEES DEPARTMENT TOTAL =___~ FUND TOTAL =___) 30.00 46.9b 250.00 1,608.54 90.00 97.75 125.00 2,248.25 2,248.25 2 CITY OF OWASSO CITY GARAGE ?~/13i9b 8:27:27 A/P CLAIMS REPOP.T APAPVR PAGE: 11 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- CITY GARAt~E ------------------------------ 970033 ALL COPY SUPPLIES PP.INTER CARTRIDGE 100.00 970956 JOE ESCO TIRE COMPANY TIRES/TUBES-BACKHOE 545.1b 970959 FP.ONTIER INTERNATIONAL TR BRAKE REPAIR 1,218.9b 970985 GO S`ISTEMS FUEL 11!96 48,29 970986 CITY GARAGE REPAIRS 11/96 115.90 971038 BIG "A" AUTO PARTS TULSA P,EPAIR PAP.TS 336.5 9710b1 K]MBALL ACE HARDWARE REPAIR/MAINT SUPPLIES 2.76 971133 YALE UNIFORM RENTAL UNIFORM CLEAR/RENT 58.40 971174 SAM'S CLUB CLEANING/OFFICE SUPPLIES 15.3b 971180 INTERSTATE BATTERY SYSTEM BATTERIES 22b.80 971248 WAL-MART VEHICLE SUPPLIES 29.b3 971248 WAL-MART VEHICLE SUPPLIES 49.96 971248 WAL-MART VEHICLE SUPPLIES 40.00 971249 CROW BURLINGAME REPP.IR SUPPLIES 3.b9 971249 CROW BURLINGAME REPAIR PARTS 493.57 971251 TAYI..OE PAPER CO JANITORIAL SUPPLIES 12.71 971299 TREASURER PETTY CASH REIMB PETTY CASH 7.50 971299 TREASURER PETTY CASH REIMB PETTY CASH 14.42 971301 C3UALITY FILTER RECYCLES LODAL FILTERS LB,Op 971302 EARL'S LAWN & LEISURE GENERATOR REPAIR 31.97 971303 STEVE'S WHOLESALE GREASE GUNS 42.36 971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES S.b0 971306 CLASSIC ELECTRIC INC ELECTRICAL REPAIR 565.00 DEPARTMENT TOTAL =___> 3,993.56 FUND TOTAL =___> 3,993.5b CITY OF' OWASSO ~ CAPITAL IMPROVEMENTS ~ 12/13,'96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: ' ---PO-#--- ---------VENDOR---------- ------DESCRIPTIOPt-------- AMOUNT ' GGNERAL-GOVERNMENT 9710b1 KIMBALL ACE HARDWARE REMODEL SUPPLIES DEPARTMENT TOTAL =___> ^ llRAINAGE 9?1219 ANCHOR STONE CO CRUSHER RUN 971221 MAXWELL SUPPLY OF TULSA CONCRETE BLADES 971282 CHANDLER MATERIALS HALE ACRES PROJECT 971284 EQUIPMENT ONE RENTAL & SA HALE ACRES PROJECT DEPARTMENT TOTAL =___> FUND TOTAL =___> GRAND TO'PAL =___> 1 1 1 27.10 27.10 269.74 179.27 334.50 58.00 841.51 868.b1 lb5,b68.31 12 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/07/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES ,.;.:. Finance 0.00 8,3G7.~~7 .... ... u~I. ~..~1 ta..~~~.I~ `<.>` ~> Municipal.Court 0 00 1,>~4 3 . Support Services 52. 5 x 3617.39 :::::::::.::::::::::::::::.:::::::::.......................... .:::::::: < :.:::.::.:::.::.::.::.::.::::::::::: :: ::.::.::.:::::.::.::.:::: ......... . . .......... ~ ~~~~~ :::::.::.::.:::.::.:::.:~....~.~:0~.::.: . Central Dispatch 115.02 5107.53 . , ::::::::::::: ............................................. ..... << ~<,, ...::..............:................. ..........................................:: .:: :<:; >.......;.:;::` Fire 1.18.72 33 416.5 .Community-Senior Center 0.00 2 842.06 Economic Development 0.00 1375.54 >~1'`~7'~`AL > :~~,'~~~.48 $13'x;7 ~4.~;9 APPROVE 12/17/96 Mayor Council Member Council Member r i~ 1 1 1 CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/07/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Garage $0.00 $2,263.80 :. ,: ~1~1~ "OT~L ;:.:::.. :... ;::>«<»_~`.: .:;:; . X1.(1O ~'~~'~~< APPROVE 12/17/96 Mayor Council Member Council Member r MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR ~ SUBJECT: OPWA RESOLUTION 96-05 ~ CITY OF OWASSO RESOLUTION 96-15 PERTAINING TO STATE REVOLVING FUND LOAN FOR WASTEWATER TREATMENT PLANT PHASE I IlVIPROVEMENTS DATE: December 13, 1996 BACKGROUND: The Trustees, at the November 5, 1996 meeting, made tentative award of contract for the ~ construction of the Wastewater Treatment Plant Improvements contingent upon receiving final approval and closing the loan with the Oklahoma Water Resources Board (OWRB). It was indicated various contract-related and other legal instruments needed to be submitted to OWRB in conformance with requirements of the State Revolving Fund (SRF) loan program. Attached to this memorandum are two Resolutions that need to be executed by the Trustees and Council. These Resolutions are summarized as follows: OPWA Resolution 96-OS A Resolution authorizing a loan from the Oklahoma Water Resources Board (Direct SRF Interim Construction Promissory Note) in the amount of $1,520,000 for construction of the wastewater treatment plant improvements approved by the OWRB. The loan will be secured by a pledge of revenue derived from the City of Owasso water, sanitary sewer and refuse collection systems and specific sales taxes and shall bear interest at a rate of four and three quarters percent (4.75 %) per annum. (This note will be for the construction period of the plant improvements only. Upon completion of construction, the final construction expenditures will be converted to a zero percent (0.00%) loan.) The Resolution authorizes the Chairman or Vice Chairman and Secretary or Assistant Secretary of the OPWA to take actions as may be required in connection with the execution and delivery of the necessary documents. Page 2 Resolutions OPWA 96-OS and City of Owasso 96-15 City of Owasso Resolution 96-15 A Resolution approving the action taken by the OPWA pertaining to OPWA Resolution 96-05. RECOMMENDATION: Staff recommends Trustees approval of OPWA Resolution 96-OS and Council approval of Resolution 96-15 as stated in the attachments. ATTACHMENTS: 1. Owasso Public Works Authority Resolution 96-OS 2. City of Owasso Resolution 96-15 PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY") MET IN REGULAR SESSION IN SAID CITY ON THE 17TH DAY OF DECEMBER, 1996, AT 7:00 O'CLOCK P.M. PRESENT: ABSENT: (OTHER PROCEEDINGS) Thereupon, the following resolution was introduced and caused to be read by the City Clerk. Councilmember moved passage of the Resolution and Councilmember seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote: AYE: NAY: The Resolution so approved is as follows: RESOLUTION NO. A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF THE AUTHORITY'S SERIES 1996 DIRECT SRF INTERIM CONSTRUCTION PROMISSORY NOTE TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A CERTAIN LEASE, AS AMENDED, PERTAINING TO CERTAIN PROPRIETARY REVENUE-PRODUCING UTILITY SYSTEMS SERVING THE CITY OF OWASSO; APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A SALES TAX AGREEMENT PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, The Owasso Public Works Authority (the "Authority") ' did, by its Resolution adopted on December 17, 1996; authorize the issuance, sale and delivery of its Series 1996 Direct SRF Interim Construction Promissory Note to the Oklahoma Water Resources Board ~ in order to finance improvements to its wastewater system; and WHEREAS, the Mayor and City Council hereby determine that the actions taken by the Authority should be authorized and approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, STATE OF OKLAHOMA: Section 1. Issuance of Note. That the issuance, sale and delivery of The Owasso Public Works Authority, Tulsa County, Oklahoma, Series 1996 Direct SRF Interim Construction Promissory Note to Oklahoma Water Resources Board in an aggregate principal amount of $ p ~ (the "Series 1996 Direct SRF Interim Construction romissory Note") all as approved by said Authority on December 17, 1996, be and hereby is authorized, approved and ratified. Section 2. Approval. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the Series 1996 Direct SRF Interim Construction Promissory Note, and all other aspects of the transaction be and are hereby authorized, approved and ratified. Section 3. Lease. The Lease dated July 31, 1973, as amended, between the City and the Authority, whereby the City leases certain proprietary revenue-producing utility systems to the Authority and whereby the Authority agrees to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Note is paid. Section 4. Sales Tax Agreement. The Sales Tax Agreement, by and between the Authority and the City pertaining to a year-to-year pledge of certain sales tax revenue levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City, is hereby approved and the Mayor or Vice Mayor and City Clerk or Assistant City Clerk of the City are hereby authorized to execute same for and on behalf of the City, and do all other lawful things to carry out the terms and conditions of said Sales Tax Agreement. Section 5. Necessary Action. That the Mayor or Vice Mayor and City Clerk or Assistant City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the Series 1996 Direct SRF Interim Construction Promissory Note and all other aspects of the transaction. PASSED AND APPROVED THIS 17TH DAY OF DECEMBER, 1996. CITY OF OWASSO, OKLAHOMA ATTEST: City Clerk (SEAL) APPROVED AS TO FORM: Ronald D. Cates, City Attorney Mayor 3 STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) I, the undersigned, City Clerk of the City of Owasso, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the City Council of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the "Open Meeting Law" was complied with for such meeting. GIVEN UNDER MY HAND THIS 17TH DAY OF DECEMBER, 1996. City Clerk (SEAL ) 4 1 MEMORANDUM t TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: "NAME THAT PARK" FUND RAISER BENEFITTING UNITED WAY WINNER OF DRAWING DATE: December 11, 1996 BACKGROUND: This year's United Way fund raising campaign for city employees consisted not only of the direct donation through payroll deduction, but also the creation of the "Burnt Offerings" Cookbook and the Name That Park" contest for the city park on E. 86th Street North between Three Lakes II and Lakeridge Additions. ., , On December 2, 1996, at the annual Lights On Ceremony" for Winter Wonderland, the winning entry for the Name That Park" contest was selected by Councilor Mike Helin. The winning entry was sold by Nancy Edwards of the Owasso Police Department to Ms. Emile Priestley of the Three Lakes II addition (12006 E. 89th Place North) Ms. Priestley has requested to name the park on E. 86th Street - "Ram Park." A total of $250 was raised for United Way through this fund raising effort, which has contributed to one of the most successful campaigns ever for the city employees. It is hoped by staff that this will be an annual fund raising event for United Way. The sign, when it is completed, will be placed in the park and was donated by Garrett Signs of Owasso. RECOMMENDATION: Staff requests Council approval of the name "Ram Park" for the city park located on E. 86th Street North in Owasso. ATTACHMENTS: 1. Location map .I'1~ ~ ~ ` PUD 10 J AG ~ { JS ',, j S tvl I T hi ~~ ELEM11. RS ~ '~ SCHOOL 1 i I 7 ~ 'E .. AG OM OL ~/- --- -~ / ;~L'' "r7 E- ~' ' r` J S I -4 PUD- I I u ~~ °*u J y ~~~` ~ < / Y d RM-2 OM -G OM 0~-~ CG RM-I ~5 y MILLS \ ELEM. ,a ~9 YUU IV ,~ N ~. ~~ RS-3 ~~ AG '~ ' --- S -- - E. 661h PL. N0. ~ I i ;PUD i II L. _ _I_ _ _ NC . ~~ -~ C W m N 8SM ST . 841 S L N. N. W N N . ' o N 82nd ~ ST." •' ~~.~Y . g0,b S ~_ T. NO a ~~~ \ \ 5 ~~ ' ~ 00~c 81st ST. 0S ~. 4 OWRB LOANS OWRB Loan - 1993 Reserves Cost of issuance Net available for projects Water line replacement Wastewater rehabilitation Treatment plant design/permit/bidding Project funds remaining Interest earned on project funds 1993 project funds available OWRB Loan - 1996 Cost of issuance Net available for projects Total 1993 and 1996 project funds 1996 Projects Wastewater treatment plant *System improvements/rehabilitation Total 1996 projects $~26,6~0~ 161,816 $562,061 2,361,710 199,265 $4,600,000 588,416 $4,011,584 3,123,036 888,548 $491,488 $1, 520, 000 50, 623 $2,245,950 603,463 $1,380,036 $1,469,377 $2,849,413 $2,849,413 *Hale Acres -Hillside - 106th Street lift station y PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY") MET IN REGULAR SESSION IN SAID CITY ON THE 17TH DAY OF DECEMBER, 1996, AT 7:00 O'CLOCK P.M. PRESENT: ABSENT: (OTHER PROCEEDINGS) Thereupon, the following resolution was introduced and caused to be read by the City Clerk. Councilmember moved passage of the Resolution and Councilmember seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote: AYE: NAY: The Resolution so approved is as follows: CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 96-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF THE AUTHORITY'S SERIES 1996 DIRECT SRF INTERIM CONSTRUCTION PROMISSORY NOTE TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A CERTAIN LEASE, AS AMENDED, PERTAINING TO CERTAIN PROPRIETARY REVENUE-PRODUCING UTILITY SYSTEMS SERVING THE CITY OF OWASSO; APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A SALES TAX AGREEMENT PERTAINING TO A YEAR- TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, The Owasso Public Works Authority (the "Authority") did, by its Resolution adopted on December 17, 1996, authorize the issuance, sale and delivery of its Series 1996 Direct SRF Interim Construction Promissory Note to the Oklahoma Water Resources Board in order to finance improvements to its wastewater system; and . WHEREAS, the Mayor and City Council hereby determine that the actions taken by the Authority should be authorized and approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: Section 1: Issuance of Note. That the issuance, sale and delivery of The Owasso Public Works Authority, Tulsa County, Oklahoma, Series 1996 Direct SRF Interim Construction Promissory Note to Oklahoma Water Resources Board in an aggregate principal amount of $1,520,000 (the "Series 1996 Direct SRF Interim Construction Promissory Note") all as approved by said Authority on December 17, 1996, be and hereby is authorized, approved and ratified. Section 2: Approval. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the Series 1996 Direct SRF Interim Construction Promissory Note, and all other aspects of the transaction be and are hereby authorized, approved and ratified. Section 3: Lease. The Lease dated July 31, 1973, as amended, between the City and the Authority, whereby the City leases certain proprietary revenue-producing utility systems to the Authority and whereby the Authority agrees to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Note is paid. 2 Section 4: Sales Tax Agreement. The Sales Tax Agreement, by and between the Authority and the City pertaining to a year-to-year pledge of certain sales tax revenue levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City, is hereby approved and the Mayor or Vice Mayor and City Clerk or Assistant City Clerk of the City are hereby authorized to execute same for and on behalf of the City, and do all other lawful things to carry out the terms and conditions of said Sales Tax Agreement. Section 5: Necessary Action. That the Mayor or Vice Mayor and City Clerk or Assistant City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the Series 1996 Direct SRF Interim Construction Promissory Note and all other aspects of the transaction. APPROVED AND ADOPTED this 17th day of December, 1996 by the City Council of the City of Owasso, Oklahoma. Danny Ewing, Mayor ATTEST: Marcia Boutwell, City Clerk (SEAL) APPROVED AS TO FORM: Ronald D. Cates, City Attorney 3 _* STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) I, the undersigned, City Clerk of the City of Owasso, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the City Council of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the "Open Meeting Law" was complied with for such meeting. GIVEN UNDER MY HAND THIS 17TH DAY OF DECEMBER, 1996. Marcia Boutwell, City Clerk (SEAL) 4 1 '' THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA, MET IN REGULAR SESSION ON THIS 17TH DAY OF DECEMBER, 1996, AT 7:00 O'CLOCK P.M. PRESENT: ABSENT: Thereupon, the Chairman introduced a Resolution which was read by the Secretary. Trustee moved that the Resolution be adopted and Trustee seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote: AYE: NAY: The Resolution as adopted is as follows: 1f THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. 96-OS A RESOLUTION AUTHORIZING A LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE AMOUNT OF $1,520,000; APPROVING THE ISSUANCE OF A NOTE IN THE AMOUNT OF $1,520,000, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A WFCRLA LOAN AGREEMENT FOR INTERIM FINANCING; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT AND A SALES TAX AGREEMENT; RATIFYING AND CONFIRMING A LEASE, AS AMENDED BY AN AMENDMENT TO LEASE PERTAINING TO CERTAIN PROPRIETARY REVENUE-PRODUCING UTILITY SYSTEMS SERVING THE CITY OF OWASSO, OKLAHOMA; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING EXECUTION OF LEGAL AND FINANCIAL ADVISORY SERVICE AGREEMENTS AND PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Borrower"), was organized under Title 60, Oklahoma Statutes 1991, Sections 176-180.4, as amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the "City"); and WHEREAS, the Borrower is authorized and has determined to construct improvements to the Borrower's wastewater system including specifically, but not by way of limitation, the removal of an intrachannel boat clarifier, construction of two (2) final clarifiers, the refurbishment and upgrading of a pump station for phase I project capacity, construction of a waste/return activated sludge pumping station for phase I project capacity; the upgrading of an oxidation ditch, the upgrading of a UV disinfection system; construction of new sludge beds, the acquisition of sludge handling equipment and installation of a grinder at the headworks (collectively, the "Project"), all in order to better serve the customers of said Borrower and in payment of part of the cost thereof, to seek money in the form of a $1,520,000 direct SRF interim construction loan from the Oklahoma Water Resources Board (the "Board"); and WHEREAS, the Board has approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of its note in the amount of $1,520,000, payable to the Board, secured by a pledge of revenue derived from Borrower's water, sanitary sewer and garbage and trash collection systems (hereinafter collectively the "System"), and certain sales tax revenues received by the Borrower from the City which sales tax is levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City (the "Sales Tax Revenue"); and t' 2 1 WHEREAS, said pledge of Sales Tax Revenue and said pledge of revenues derived from the System establishes a lien on said Sales Tax Revenue and revenues derived from the System, which lien is subject to and subordinate in all respects to the lien on said revenues in favor of (i) the Borrower's Public Improvement Revenue Bonds, Series 1988, issued in the original aggregate principal amount of $6,100,000, (ii) the Borrower's Series 1993A Promissory Note to Oklahoma Water Resources Board, issued in the original principal amount of $3,630,000, (iii) the Borrower's Series 1993B Promissory Note to Oklahoma Water Resources Board, issued in the original principal amount of $970,000, and (iv) the Borrower's Utility Revenue Bonds, Series 1996 (collectively, the "Prior Debt"). NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY THAT: Section 1: Issuance of Note. The Borrower is hereby authorized to accept said loan and issue its Direct SRF Interim Construction Promissory Note in the amount of $1,520,000 (the "Note") payable to the Board and secured by a pledge of revenue derived from the operation of the System and the Sales Tax Revenue, said pledge of System revenue and Sales Tax Revenue being subject and subordinate in all respects to the pledge of said revenues in favor of the Prior Debt, all as referenced above. Said Note shall bear interest at a rate of four and three quarters percent (4.75%) per annum inclusive of a one-half percent (1/2%) per annum administrative fee. The officers of the Borrower are hereby authorized and directed to execute said Note in a principal amount of $1,520,000, and to do any and all lawful things to effect said loan and secure said loan from the Board. Section 2: Execution of WFCRLA Loan Agreement for Interim Financing. The WFCRLA Loan Agreement for Interim Financing (the "Loan Agreement"), by and between the Borrower and the Board is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement. Section 3: Execution of Security Agreement. The Security Agreement, by and between the Board and the Borrower (the "Security Agreement"), whereby the Borrower gives a security interest in certain revenues of the System to the Board to secure payment on the Note, is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement. Section 4: Covenants of Borrower. Until payment in full of the Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement, the hereinafter referenced Sales Tax Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety. I r: f• Section 5: Lease. The Lease dated July 31, 1973, as amended, between the City of Owasso, Oklahoma, and the Borrower, whereby the City leased certain proprietary revenue- producing utility systems to the Borrower and whereby the Borrower agreed to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Note is paid. Section 6: Sales Tax Agreement. The Sales Tax Agreement, by and between the Borrower and the City pertaining to a year-to-year pledge of the Sales Tax Revenue, is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Sales Tax Agreement. Section 7: Execution of Legal and Financial Advisory Service Agreements and Payment of Fees and Expenses. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are authorized (i) to execute a Legal Services Agreement with Fagin, Brown, Bush, Tinney & Kiser, as Bond Counsel, and Ronald D. Cates, as counsel to the Borrower and (ii) a Financial Advisory Agreement with Leo Oppenheim & Co., Inc. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) unto the Borrower's Financial Advisor, Bond Counsel and Counsel to the Borrower their fees and expenses as set forth on Exhibit "A" hereto and said officers are further authorized to execute a requisition for said fees and expenses and planning and design allowance and are authorized to make payment in connection with certain expenses relative to the issuance of the Note. Section 8: Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. 4 ~ :,'' APPROVED AND ADOPTED this 17th day of December, 1996 by The Owasso Public Works Authority. Danny Ewing, Chairperson ATTEST: Marcia Boutwell, Secretary (SEAL) APPROVED AS TO FORM: Ronald D. Cates, Borrower's Attorney 5 STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) I, the undersigned, Secretary of The Owasso Public Works Authority, Tulsa County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the "Open Meeting Law" was complied with for such meeting. GIVEN UNDER MY HAND THIS 17TH DAY OF DECEMBER, 1996. Marcia Boutwell, Secretary (SEAL) 6 1 ~> EXHIBIT "A" Fees and Expenses Paid at Closing Leo Oppenheim & Co., Inc. Financial Advisory Fee and Reimbursement of Expenses $ 21,523.00 Fagin, Brown, Bush, Tinney & Kiser Legal Fee and Reimbursement of Out-of-Pocket Expenses $ 21,600.03 Ronald D. Cates Legal Fee and Reimbursement of Expenses $ 7,500.00 7 CITY OF OWASSO POLICY ON RESIDENTIAL NEIGHBORHOOD TRAFFIC CONTROL 1.0 BACKGROUND 1.1 Traffic control needs in residential neighborhoods are significantly different than those in other areas of a city and on arterial streets, which crisscross a community. The primary traffic concerns articulated by Owasso residents and neighborhood associations are discouraging outside traffic from cutting through a neighborhood, and preventing residents and nonresidents alike, from traveling at excessive speeds. 1.2 Speed limit signs alone do not eliminate speeding and the level of enforcement necessary to control the problem is often not available. 1.3 A variety of traffic control methods are being used by cities around the country, including CHILDREN PLAYING signs, speed bumps, signs warning of enforcement methods and consequences, roadway constrictions, traffic barriers and diverters, rumble strips, neighborhood education programs, and STOP signs. 1.4 The Federal Highway Administration's Manual on Uniform Traffic Control Devices sets forth the basic principles that govern design and usage of traffic control devices for all public streets and highways. Traffic control devices include all signs, signals, markings, and devices used to regulate, warn, or guide traffic. This manual specifically indicates the types of conditions under which STOP signs are recommended. It strongly discourages the use of STOP signs for speed control. 1.5 Experience has shown that when STOP signs are installed in an attempt to control speeding by imposing delay on all traffic, the vast majority of drivers will slow to a "rolling stop". An occasional driver will flagrantly run the STOP sign either as an intentional act or because the sign is in an unexpected location and they do not notice the sign. The reduced hazard hoped for in slowing traffic is offset to a degree by the hazard caused when a driver violates a STOP sign which other drivers and pedestrians assume he/she will obey. 1.6 Requiring vehicles to stop frequently has the side effect of increasing exhaust emissions and noise. A vehicle traveling at a uniform speed produces less noise and air pollution than one which must brake to a stop and then accelerate to its original speed. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 2 OF 5 1.7 After consideration of the cost and impact of various methods which have been tried throughout the nation, it is staff's conclusion that judicious use of STOP signs to discourage speeding and excessive traffic is reasonable and appropriate in residential neighborhoods. We acknowledge that the desire to move traffic efficiently is not the only factor to be considered when dealing with residential traffic control. 1.8 The objective of this policy is to allow the use of STOP signs at reasonable distances along collector and "cut through"-type streets, which tend to have the most speeding problems. This policy deliberately prevents the widespread proliferation of multi-way STOP signs through neighborhoods on less-travelled, local side streets. It also deliberately prevents excessive numbers of interruptions to the collector streets upon which residents travel several times each day. 2.0 STOP SIGN POLICY 2.1 In neighborhoods with grid street patterns, alternating the direction of existing 2- way STOP signs at selected locations will be considered in order to interrupt excessively long, unbroken segments. A fairly uniform interruption to both north-south and east-west streets will be the goal. In these areas, multi-way STOP signs will be the exception rather than the rule. 2.2 STOP signs will be installed at intersections only. No mid-block STOP signs will be installed under any condition, regardless of the lengths of the blocks. 2.3 STOP signs will be placed in proper relationship to the physical intersection regardless of the aesthetic impact on abutting properties. 2.4 Weekday traffic.. volume must exceed 300 vehicles per day at the midpoint of the street segment being considered for interruption; and 2.5 Speed studies must show that more than 10 % of the vehicles are exceeding the posted speed limit by more than 10 (ten) miles per hour. 2.6 The addition of STOP signs to discourage speeding and excessive traffic shall desirably break the street into approximately 0.25 mile segments (1300'). No segment shorter than 1000' shall be created. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 3 OF 5 2.7 Streets designed to carry significant amounts of non-neighborhood traffic will not be interrupted by STOP signs. These streets typically have STOP signs on all entering side streets and are striped with a centerline. 2.8 When a request is received to interrupt a street segment with STOP signs for the purposes described in this policy, the evaluation process will consist of the following: a. Review the street to determine the length of the segment and the presence or absence of a candidate intersection that meets the spacing requirements of this policy. b. If the candidate location is confirmed to meet the spacing requirements, the requesting individual or group will be asked to provide a petition indicating a desire by the neighborhood to have STOP signs installed at the specified intersection. The petition is to be signed only by those households whose homes front the street segment being considered for interruption. If the petition is returned with at least 50 % of the fronting households indicating their desire for the STOP sign, the sign will be installed. If the candidate location does not meet the spacing requirements of this policy, the individual or group will be informed that the requested location of the STOP sign does not meet policy spacing requirements. The individual or group will be given an opportunity, however, to submit a petition requesting STOP sign installation at the specified intersection. The petition is to be signed only by those households whose homes front the street segment being considered for interruption. c. If the petition is returned with at least 50 % of the fronting households indicating their desire for the STOP sign, the request will be forwarded to the Police Department in order to conduct a traffic and speed survey. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 4 OF 5 d. If the results of the traffic and speed survey indicate greater than 300 vehicle trips per day and greater than 10 % of the vehicles are exceeding the speed limit by 10 mph or more, the STOP sign will be installed. If the results of the traffic and speed survey indicate less than 300 vehicle trips per day or less than 10 % of the vehicles are exceeding the speed limit by 10 mph or more, the requesting individual or group will be notified that the requested location of the STOP sign does not meet policy spacing requirements and the STOP sign will not be installed. e. The requesting individual or group may appeal the decision not to install a STOP sign to the Owasso City Council. 3.0 CHILDREN PLAYING SIGN POLICY 3.1 CHILDREN PLAYING signs will not be used in the City of Owasso. The City has no evidence that these signs have any affect on traffic speeds or on the behavior of those individuals who would be inclined to drive recklessly through residential neighborhoods. The signs warn of a universal hazard which is self- evident in any residential area in the city. The existence of CHILDREN PLAYING signs on one block, or one street, or in one neighborhood certainly would not mean that the hazard exists only where signed. The signs may in fact only give parents and children a false sense of security in regard to being in or near the street. 4.0 SPEED LIMIT 25 SIGN POLICY 4.1 SPEED LIMIT 25 signs will normally be provided at every major entry point to a neighborhood where traffic leaves the arterial street and enters the residential area. The sign is to serve as a reminder of the prevailing residential speed limit. 4.2 SPEED LIMIT 25 signs will not normally be installed at interior locations within a neighborhood unless the street serves as a collector or cut through street and extra reminders of the speed limit seem advisable. 5.0 SPEED BUMP POLICY 5.1 Speed bumps will not be used on public, dedicated streets in the City of Owasso. Speed bumps create a new and different type of hazard when combined with excessive speeding. They can cause drivers to lose control and vehicles to leave the roadway. They cause serious problems for emergency vehicles and motorcycles and can create a serious liability problem for the city. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 5 OF 5 6.0 RESIDENTIAL NEIGHBORHOOD DESIGN 6.1 Minor streets shall be arranged so that their use by through traffic will be discouraged. Minor streets shall be curved whenever possible to deter through traffic. 6.2 The rigid rectangular grid street pattern is discouraged and use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged in order to avoid the use of through traffic. 6.3 Collector streets shall be located so as to provide smooth traffic flow from local streets to arterials. Collector streets should normally be continuous for distances not more than one half (1/2) mile, and offsets which are likely to induce continuing traffic flow beyond that distance shall be avoided. ADOPTED BY THE OWASSO CITY COUNCIL 7-6-95 AMENDED BY THE OWASSO CITY COUNCIL MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: POLICY ON RESIDENTIAL NEIGHBORHOOD TRAFFIC CONTROL DATE: December 12, 1996 BACKGROUND On July 6, 1995, the Owasso City Council unanimously approved and adopted the Policy on Residential Neighborhood Traffic Control." The policy was created in order to establish and clearly state the city's policies regarding residential traffic control, as well as provide astep-by step process in which to review a request for stop sign placement in a residential addition. It was intended to be a "user friendly" document, providing information and direction to any citizen requesting additional traffic controls. The policy has been in effect for slightly more than a year and a half, and the process involving the placement of stop signs has created some confusion at both the staff and citizen levels. In order to alleviate this confusion, the original committee of Chief Alexander, Public Works Director Robert Carr, and myself reconvened to review the policy. As a result of those meetings, the enclosed revision to the "Policy on Residential Traffic Control" has been developed. The revised policy, contains clearer language and direction regarding the placement of stop signs within our neighborhoods, as well as a flow chart of the entire process from two vantage points...the citizen and city staff. While the flow chart titled "Stop Sign Installation -Process Flow Diagram" will be utilized by citizens to more easily comprehend the review process in requesting a stop sign, the flow chart titled "Stop Sign Installation -Assignment Flow Diagram" can be utilized by all city personnel, assisting in their understanding and ability to describe the process to citizens. Adoption of this policy would not necessarily mean that installation of a stop sign at a specific location would be prohibited if it did not meet the vehicle count and street segment distance requirements. A citizen requesting a stop sign that did not meet the policy could approach the Council to appeal the staff's decision. The revised policy, as was the goal of the original policy, is only meant to be a guide for both the citizen, staff, and Council. If you have any questions regarding the revised policy, please do not hesitate to contact Chief Alexander, Mr. Carr, or me. RECOMMENDATION Staff recommends Council adoption of the revised "Policy on Residential Neighborhood Traffic Control. " ATTACHMENTS 1. Stop Sign Installation -Process Flow Diagram 2. Stop Sign Installation -Assignment Flow Diagram ENCLOSURES 1. Revised "Policy on Residential Neighborhood Traffic Control" CITY OF OWASSO ' POLICY ON RESIDENTIAL NEIGHBORHOOD TRAFFIC CONTROL 1.0 BACKGROUND ~ 1.1 Traffic control needs in residential neighborhoods are significantly different than those in other areas of a city and on arterial streets, which crisscross a ' community. The primary traffic concerns articulated by Owasso residents and neighborhood associations are discouraging outside traffic from cutting through a neighborhood, and preventing residents and nonresidents alike, from traveling ~! at excessive speeds. 1.2 Speed limit signs alone do not eliminate speeding and the level of enforcement necessary to control the problem is often not available. 1.3 A variety of traffic control methods are being used by cities around the country, including CHILDREN PLAYING signs, speed bumps, signs warning of enforcement methods and consequences, roadway constrictions, traffic barriers and diverters, rumble strips, neighborhood education programs, and STOP signs. 1.4 The Federal Highway Administration's Manual on Uniform Traffic Control ~ Devices sets forth the basic principles that govern design and usage of traffic control devices for all public streets and highways. Traffic control devices include all signs, signals, markings, and devices used to regulate, warn, or guide ~ traffic. This manual specifically indicates the types of conditions under which STOP signs are recommended. It strongly discourages the use of STOP signs for speed control. 1.5 Experience has shown that when STOP signs are installed in an attempt to control speeding by imposing delay on all traffic, the vast majority of drivers will slow to a "rolling stop". An occasional driver will flagrantly run the STOP sign either as an intentional act or because the sign is in an unexpected location and they do not notice the sign. The reduced hazard hoped for in slowing traffic is offset to ' a degree by the hazard caused when a driver violates a STOP sign which other drivers and pedestrians assume he/she will obey. 1.6 Requiring vehicles to stop frequently has the side effect of increasing exhaust emissions and noise. A vehicle traveling at a uniform speed produces less noise and air pollution than one which must brake to a stop and then accelerate to its original speed. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 2 OF 5 ' 1.7 After consideration of the cost and impact of various methods which have been tried throughout the nation, it is staff's conclusion that judicious use of STOP signs to discourage speeding and excessive traffic is reasonable and appropriate in residential neighborhoods. We acknowledge that the desire to move traffic efficiently is not the only factor to be considered when dealing with residential traffic control. 1.8 The objective of this policy is to allow the use of STOP signs at reasonable distances along collector and "cut through"-type streets, which tend to have the most speeding problems. This policy deliberately prevents the widespread proliferation of multi-way STOP signs through neighborhoods on less-travelled, local side streets. It also deliberately prevents excessive numbers of interruptions to the collector streets upon which residents travel several times each day. 2.0 STOP SIGN POLICY 2.1 In neighborhoods with grid street patterns, alternating the direction of existing 2- way STOP signs at selected locations will be considered in order to interrupt excessively long, unbroken segments. A fairly uniform interruption to both north-south and east-west streets will be the goal. In these areas, multi-way STOP signs will be the exception rather than the rule. 2.2 STOP signs will be installed at intersections only. No mid-block STOP signs will be installed under any condition, regardless of the lengths of the blocks. 2.3 STOP signs will be placed in proper relationship to the physical intersection regardless of the aesthetic impact on abutting properties. 2.4 Weekday traffic volume must exceed 300 vehicles per day at the midpoint of the street segment being considered for interruption; and 2.5 Speed studies must show that more than 10 % of the vehicles are exceeding the posted speed limit by more than 10 (ten) miles per hour. 2.6 The addition of STOP signs to discourage speeding and excessive traffic shall desirably break the street into approximately 0.25 mile segments (1300'). No segment shorter than 1000' shall be created. ^ CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL ' TRAFFIC CONTROL PAGE 3 OF 5 ^ 2.7 Streets designed to carry significant amounts of non-neighborhood traffic will not be interrupted by STOP signs. These streets typically have STOP signs on all entering side streets and are striped with a centerline. 2.8 When a request is received to interrupt a street segment with STOP signs for the purposes described in this policy, the evaluation process will consist of the following: a. Review the street to determine the length of the segment and the presence or absence of a candidate intersection that meets the spacing requirements of this policy. b. If the candidate location is confirmed to meet the spacing requirements, ~ the requesting individual or group will be asked to provide a petition indicating a desire by the neighborhood to have STOP signs installed at the specified intersection. The petition is to be signed only by those households whose homes front the street segment being considered for r interruption. If the petition is returned with at least 50 % of the fronting households indicating their desire for the STOP sign, the sign will be ^ installed. If the candidate location does not meet the spacing requirements of this policy, the individual or group will be informed that the requested location of the STOP sign does not meet policy spacing requirements. The individual or group will be given an opportunity, however, to submit a petition requesting STOP sign installation at the specified intersection. The petition is to be signed only by those households whose homes front the street segment being considered for interruption. c. If the petition is returned with at least 50 % of the fronting households indicating their desire for the STOP sign, the request will be forwarded to the Police Department in order to conduct a traffic and speed survey. ^ CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL ' TRAFFIC CONTROL PAGE 4 OF 5 d. If the results of the traffic and speed survey indicate greater than 300 vehicle trips per day and greater than 10 % of the vehicles are exceeding the speed limit by 10 mph or more, the STOP sign will be installed. If the results of the traffic and speed survey indicate less than 300 vehicle trips per day or less than 10 % of the vehicles are exceeding the speed limit by 10 mph or more, the requesting individual or group will be notified that the requested location of the STOP sign does not meet policy spacing requirements and the STOP sign will not be installed. e. The requesting individual or group may appeal the decision not to install a STOP sign to the Owasso City Council. 3.0 CHILDREN PLAYING SIGN POLICY 3.1 CHILDREN PLAYING signs will not be used in the City of Owasso. The City has no evidence that these signs have any affect on traffic speeds or on the behavior of those individuals who would be inclined to drive recklessly through residential neighborhoods. The signs warn of a universal hazard which is self- evident in any residential area in the city. The existence of CHILDREN PLAYING signs on one block, or one street, or in one neighborhood certainly would not mean that the hazard exists only where signed. The signs may in fact only give parents and children a false sense of security in regard to being in or near the street. 4.0 SPEED LIMIT 25 SIGN POLICY 4.1 SPEED LIMIT 25 signs will normally be provided at every major entry point to a neighborhood where traffic leaves the arterial street and enters the residential area. The sign is to serve as a reminder of the prevailing residential speed limit. 4.2 SPEED LIMIT 25 signs will not normally be installed at interior locations within a neighborhood unless the street serves as a collector or cut through street and extra reminders of the speed limit seem advisable. 5.0 SPEED BUMP POLICY 5.1 Speed bumps will not be used on public, dedicated streets in the City of Owasso. Speed bumps create a new and different type of hazard when combined with excessive speeding. They can cause drivers to lose control and vehicles to leave the roadway. They cause serious problems for emergency vehicles and motorcycles and can create a serious liability problem for the city. i~ ^ CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE 5 OF 5 ^ 6.0 RESIDENTIAL NEIGHBORHOOD DESIGN 6.1 Minor streets shall be arranged so that their use by through traffic will be discouraged. Minor streets shall be curved whenever possible to deter through traffic. 6.2 The rigid rectangular grid street pattern is discouraged and use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged in order to avoid the use of through traffic. ~ 6.3 Collector streets shall be located so as to provide smooth traffic flow from local streets to arterials. Collector streets should normally be continuous for distances not more than one half (1/2) mile, and offsets which are likely to induce continuing traffic flow beyond that distance shall be avoided. ADOPTED BY THE OWASSO CITY COUNCIL. 7-6-95 AMENDED BY THE OWASSO CITY COUNCIL r MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: AUDIT REPORT FOR FISCAL 1995-96 DATE: December 13, 1996 BACKGROUND: An independent audit, performed by a certified accountant, is required by City Charter and state ~ statutes. The report of the independent auditor must be filed with the governing body and with the office of the State Auditor and Inspector. On May 19, 1995, the City Council and OPWA Trustees selected the firm of Carlson & Cottrell ~ CPA's to perform an audit for the city and its trust authorities. This the City's second year with Carlson & Cottrell as auditors and the first since the OPGA was added to the scope of the city ~ audit. All audit work is complete and the financial statements are enclosed. Joe Carlson will represent the accounting firm and will present the audit to the City Council at the meeting Tuesday night. If the Council has any questions or would like additional information after that presentation, I would be glad to address those requests. RECOMMENDATION: Staff recommends that the City Council receive the audit report and direct it to be filed as required by statute. ENCLOSURE: Report on Audit of Financial Statements Year Ended June 30, 1996 MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: PHIL LUTZ ENGINEERING PROJECT MANAGER SUBJECT: ACCEPTANCE OF WORK BY CONTRACT 96TH STREET NORTH/GARNETT ROAD SIGNALIZATION BEE-LINE TRAFFIC CONTROL ,,,^, DATE: December 10, 1996 BACKGROUND: The project is located at the intersection of 96th Street North and North Garnett Road. This contract provides traffic signals in conjunction with the intersection widening done by Tulsa County and the City of Owasso. The roadway upgrade provides left turn lanes in all directions. ' On October 18, 1994, the signalization contract was awarded to Bee-Line Traffic Control for $38,600. The Notice to Proceed was acknowledged by the contractor on December 13, 1994. ~ The original contract period was 90 calendar days with a completion date of February 25, 1995. The schedule of signalization work has been dependent on roadway progress by Tulsa County. Due to delays in the County work, the contractor was unable to proceed under the original ^ schedule. Completion of the signalization was therefore delayed until November 1996. A one-year maintenance bond dated October 18, 1994, has been provided by the contractor. Although dated in 1994, the bond is for "a period of one year from and after the final acceptance _ of said project by the Owner". Staff has varified that the bond is still valid. FINAL INSPECTION• The final inspection was attended by the contractor and Public Works and Community Development representatives on November 22, 1996. The only deficiency observed was a problem with the north-bound Garnett Road left-turn controls. This problem was corrected on December 5th and all signals are currently operating as designed. The total contract amount remains at $38,600.00, as no modifications were issued. Previous partial payments have been made in the amount of $30,240.00. As final payment, the contractor requests $5,000.00 for completed work and $3,360.00 in retainage for a total of $8,360.00. A balance of $9,339.64 remains in the FY96-97 Capital Improvement Fund (Line Item 81-410- 5465) which is sufficient to cover the final payment of $8,360.00. Page 2 96th Street North and Garnett Road Signalization RECOMMENDATION: The staff recommends Council acceptance of the 96th Street North and Garnett Road Signalization contract and authorization for final payment to Bee-Line Traffic Control in the amount of $8,360.00. ATTACHMENTS: 1. Location map 2. Final Pay Request 3. Maintenance Bond 1�7, J 1 1 1 1 1 1 1 APPLICATION AND CERTIFICATE FOR PA~i'MENT TO (Owner): CITY OF OTAASSO 207 SO CEDAR OWASSO, OK 74055 FROM (Contractor): BEE-LINE TRAFFIC CONTROL 747 NO. UTICA TULSA, OK 74110 PROJECT: - iw Page One of ' 6 OCT 18 1995 ~ Contract Dat..: Application Date~tov . 4, 1 9 9 6 , Period To: NOV. 1, 1996 Distribution To: " Owner Architect !~ C^*~tractor xx Enginwr CONTRACT FOR: 9 6TH STREET -NORTH GARNETT SIGNALIZATION r CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. , Continuation sheet is attached. 1. Original Contract Sum S 3 8, 6 0 0.0 0 , 2. Net Change by Change Orders $ 1 3. Contract Sum to Date (Line 1 & 2) $ 3 8 , 6 0 0.0 0 4. Total Completed & S Cored to Date S 3 a ~ 6 0 0.0 0 (Column G on Continuation Sheet) . 5. Retainage: a. % of Completed Work S (Column D & E on Continuation ~ Shea} -FINAL b. % of Stored Material S (Column F on Continuation Sheet) Total Retainage (Line Sa & Sb) S ~ 1 .i 6. Total Earned Less Retainage $ 3 8 , 6 0 0.0 0 (Line 4 Iess Line 5 Total) 30,240.00 ~~ 7. Less Previous Certificates for Payment $ r .~ ~~ "" AGREEMENT 0794 ^^n _ o „F ,1 ---- ;r R ~~ i; i l„ PACE 2 of a S. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) ~HANGE ORDER SUMMARY: Change Orders approved in previous nonths by OWNER TOTALS Approved this month Number Date Approved TOTALS ;Vet change by Change Orders $ 8,360.00 $ 0 ADDITIONS DEDUCTIONS The undersigned Contract- certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Cer+.ificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONT CTOR: BEE-LINE TRAFFIC CONTROL, INC BY ;k ~ ~'~ Date: STATE OF OKL OMA ) SS COUNTY OF ~ ~ ~~ Subscribed and sworn to before me this ~ day of ~ ~- 19 ~. 7 ' 1 /J~ ;SEAL) ~, ~~C~LG~LC~! ~i / Notary Public ti1y Commission Expires: `'1 -~ ~1 -~'/ CJ 1": ~-. AGREEMENT 0794 00300 - 9 of 14 CON"I'INUATION SHEET Page 3 of 6 Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: FINAL Application Date; NOVEMBER 4 , 1 9 9 6 Period To: :r. t: bulations belc~.-, amounts are stated to the nearest dollar. lise Column I on Contrao;s where variable retainage for line items may a~~lv. A B C D E (cont; =- rCcM DESCRIPTION SCHEDULED WORK CO'•iP*_~*~ wr1RbC CO~t°LETtrJ ~`~• OF WORK VALUE FROM PREVIOUS THLS PERIOD APPLICATION 38,600.00 33,600.00 5,000.00 J ~ + MATERIALS TOTAL COMPLETED BAL ~'v~'E ~.~,_. ~,~~ aG = Pn.aE\iLi STORED AND STORED (G/C) TO FINISH _ ~ ~ (\OT RY D OR E) TO DATE 38,600.00 100b 0 p w NOTE: At bottom of each column, run totals. AGREEMENT 0794 00300 - 11 of 14 PAGE ~ of 6 a ~T aTU CSR TNVOTCE AFFTDAVTT 1 TATS OF OKLAHOMA ) SS COUNTY OF TULSA ~ "Qhe undersigned (Architect, Cont,•-actor, Supplier, Engineer or Supervisory Official) j o Pie ~dl ige, being first duly sworn, on oath says that titi~ (lc:~: ~~~, ~ •---~• • ~'r ~ ~ ••~ ••~ • ~ • correct. Affiant further stags tha' :`'° ~"'^r'< services or m;~terials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with tc:~ r~:~::s, :r~~~•--°-••-~~~-~ ~• --• or requests furnished to the affiant. Affiant further st: tcs tf~at (s)he h1s made no pa}'ment, nor given, nor donated, or agreed to pay, give, or donate, eit`::~r ~i;r~:;:'•:- ~~; :n~ :r~ct•:'• to ~r.y elected official, officer, or employee of the State, County, or City of rr.u•ney or :u-~y arbor thing of value to obtain payment or the award of this contract. ,~ E-LINE TRAFFIC CONTROL INC s/ /' ~'~~ Contractor or Supplier; ~ Subscribed and sworn to before me this 4 day of NOVEMBER , 19 96 ' ~~ ~ otary Public ~~ // My Commission Expires: `1" ~ ~ ~~~ C~ Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of 19_ 1 17 ' Notary Public My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Archit Engineer approval is not required for Contractor or Supplier Affidavit. A.GRE~M ~' C030C - 12 of PAGE 5 of 6 NONCOLLUSION ~•FFIDAVIT STATE Oc OKL,A;:OMrl: COUNTY OF TULSA The undersigned person, of lawful age, being first duly sworn, on oath says that this invoice is true and correct and the (s)he is authorized to submit the invoice pursuant to a contract or purchase order. Affiant further states that the (Work, services or materials) as shown by this invoice have been (completed or supplied) in accord- ance with the plans, specifications, orders, requests or contract furnished or e:cecuted by the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the (county, municipality, school district) or move or any other thing of value to obtain payment of the y invoice or procure the contract or purchase order pursuant to whick an invoice is submitted. ontra!c,~'or, -suop _~. C~lylrieer, architect Subscribed ar.d sworn to before me this 4 day of _L~LQVEMBER 19 9 6 n ," ,' 7 ary Public Commission E;cpires ~-30-99 i i i 111 ~ PAGE6 of6• ' ARCHITECT'S /ENGINEER'S CERTIFICATE FOR P.4Y1~iF~~1"I' ' In accordance with the contract documents, based on on-site observations and the d~ comprising the above application, the Architect/Engineer cer`~ifies to the Owner that to the bt of the Architect's/Engineer's knowledge, inforrna~on and belief, the Work has progressed ' indicated, the quality of the Work is in accordance with the Contract Documents, and t Contractor is entitled to payment of the amount cer*sfied. i i I A~~iOliN'I' CERTIrIr,D S 8, 3 6 0.0 0 _ _ (Attach Explanation if amount certified differs from the amount applied for.) ARCHITECT /ENGINEER: By: Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contrac named herein. Issuance, payment and acceptance of payment without prejudice to any rights the Owner or Contractor under this Contract. u 1 P.GRE E'4EN~ 0794 00300 - 10 of SECTION 00420 Bond No . 7 ~ 85 2 _ ANCE BOND WHEREAS, the undersigned, See-L'-n` '=ra=ri` Control, inc. has executed Contract No. dated the ZBth day of octo~er , 19 °~ ~ designated for the construction of the 96TH STREET' NORTH AND GARN~IT ROAD SIGNALIZATION, including all of the work mentioned and described in said Contract, and to .~ be performed by the undersigned strictly and punctually in accordance with the terms, conditions, plans and specifications thereof, ~' NOW, THEREFORE, KNOW ALL MIEN BY T'I~SE PRESENTS: That gee-Line Traffic Control, Inc. and Mid-Continent Casualty Company of Tulsa. JK as Principal, and as Surety, are jointly and severally, firmly held and bqund unto the OWNER Thirty-Elczt T;:ousano six t'~L'~dE°d and no/100------- Dollars in the sum of (S 3 8 , 6 0 0 .0 0 ) lawr1l money o f the United States of America, same being the approximate cost of the Contract herein referred to, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f ,~ ly by these presents. THE CONDITION OF THIS BOND is such that the said Principal and Surety herein named do hereby agree and bind themselves unto and guarantee the OWNER that all work done under said contract, was constructed to conform with specifications prepared by and in such a manner that the same shall endure without need of any repair arising from defective workmanship or materials fey a period of one year from and after the formal acceptance of said project by the OWNER, and that at the expense of said Principal andlor Surety, all failures occurring and arising from any defect in " material or workmanship within said period of one year shall be promptly repaired, within tea (10) days after notice to said Principal by letter deposited in the United States mail, addressed to said Principal at 747 north Utica, Tulsa, O:: 74110 and copied to said Surety; and it being further agreed that upon the neglect, failure or refusal '~ of the Principal to make any needed repairs or backfills upon said project or any work connected therewith within the aforesaid ten (IO) day period or other city negotiated period, t'~at the said Principal and Surety shall jointly and severally be liable to the OWNER for the costs and expenses of making such repairs or backrills, or malting good such defects or imperfections. M.aINTENANCE BOND 0794 00420 - 1 of 2 ~ ' Nt7=N, 'THEREFORE, if the raid Principal and Surety shall faithfully and securely keep and perform all of the obligations herein provided to be kept and performed by them, or either ' of them, then this obligation shall be null and void and of no force and effect, otherwise to be and remain in full force and effect at all times. SIGNED, SEALED AND DELIVERED this 7th day of October 19 9= ATTEST: Bee-Line Traffic Control, Inc. Contractor (Principal) ' Title •:. -=Yy~.~ ~ ~~,,~-~~- - (SEAL) r Title ; ~ _~ ~:~":ti.ti~`~ (SEAL) Miu-Cc:1tinent Casualty Company ~.~4~ ~_, Surety Attorney In Fact Jeff Johnson (S LAL) (Accompany the bond with a Power of Attorney) r~,rrrrErrArreE soxn 0794 00420 - 2 of 2 ^ MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ALLAN E. HARDER PERSONNEL OFFICER ~ SUBJECT: PERSONNEL POLICY MODIFICATION, CHAPTER 9, TRAVEL DATE: December 17, 1996 BACKGROUND: Collectively, the City Manager, Department Directors and Personnel Officer have developed a revised travel policy statement to replace the current policy found in Chapter 9, CITY OF OWASSO, OKLAHOMA, Personnel Manual, dated July 1, 1992. The revision was desired to simplify the policy, create efficiency in processing, and incorporate changes in spending authority. The attached policy revision achieves the desired results. In developing the revision, research included reviewing similar policies from surrounding municipalities, the Fair Labor Standard Act, and Federal travel policies. Preliminary DRAFTs were developed and reviewed by Department Directors. Subsequent DRAFTS incorporated their comments and corrections. CHANGES FROM CURRENT POLICY: The revision differs from the current policy in one significant area. The revision does not contain procedures for implementing the policy, but requires the City Manager to develop those procedures, assuring that: all travel and attendance in scheduled events is for either City business or is directly related to professional job development; compensation for time in travel status is in compliance with Applicable Federal and State laws and City Ordinances; and, reimbursements for expenses are reasonable, justified, uniform, and fair. Another significant difference is the delegation of approval authority for travel to Department Directors, within predetermined spending limits. Travel Policy Memo "~ December 17, 1996 Page 2 ADMINISTRATIVE IMPLEMENTATION PROCEDURES: At the same time the policy statement was developed, Administrative Procedures for ~ Implementation of Travel Policy was developed. The same group that is responsible for the development of the revised policy, provided input in the attached procedures. The procedures include a modified "per diem" system for travel requiring overnight lodging as a significant change from previous procedures. Again, it is felt the procedures meet the desired goals, particularly being reasonable, justified, uniform and fair. IMPACT OF APPROVAL: If approved, the policy will replace existing policy with a simplified policy statement that ~ requires administrative procedures for implementation. By separating the policy statement from the policy, future modifications that affect only the amounts of such items as meals may be made as an administrative action without burdening the Council with unnecessary approvals. The Administrative Procedures for Implementation of Travel Policy would be ,,,~ issued by the City Manager upon implementation of the policy, which would be immediately upon Council approval. RECOMMENDATION: The staff recommends approval of the revised Travel policy. ATTACHMENTS: 1. Revised Travel Policy 2. Administrative Implementation Procedures CHAPTER 9 ' MISCELLANEOUS 9-1 TRAVEL FOR OFFICIAL BUSINESS OR PROFESSIONAL DEVELOPMENT ~ Employees may be allowed time for travel and participation in official meetings, conferences, seminars, work shops, taking examinations and other related activities. Only those events which are necessary in the conduct of City business, or are directly related to the employee's professional job development will be authorized. ' A. REIMBURSEMENT FOR TRAVEL EXPENSES All travel requiring expenses in excess of one thousand dollars ($1,000.00) requires ' prior approval by the City Manager. All travel requiring expenses of one thousand dollars ($1,000.00) or less requires prior approval by the traveler's Department Director. Such advance approval must be obtained through the submission of a City of Owasso Personnel ' Form Number 7 to the City Manager or Department Director. ' The City Manager shall establish procedures for implementing this policy to assure that (1) All travel and attendance in scheduled events is for either City business or is directly related to professional job development; (2) Compensation for time in travel status is in compliance with applicable Federal and State laws and City Ordinances; (3) Reimbursements for expenses are reasonable, justified, uniform, and fair. 1 1 1 ADMIlVISTRATIVE PROCEDURES FOR EVIPLEMENTATION OF TRAVEL POLICY All travel requiring expenses in excess of one thousand dollars ($1,000.00) requires prior approval by the City Manager. All travel requiring expenses of one thousand dollars ($1,000.00) or less requires prior approval by the traveler's Department Director. Such advance approval must be obtained through the submission of a City of Owasso Personnel Form Number 7 to the City Manager or Department Director. (1) TRAVEL TIME a. Maximum travel time allowed is one (1) day to reach the destination of the event and one (1) day to return to Owasso. Compensation for time spent in travel shall be governed by the Fair Labor Standards Act. b. If an employee elects to take additional time off immediately preceding or following the event, accrued compensatory time or vacation leave shall be used, provided such leave is approved as required in policies. c. The City Manager or Department Director must give prior approval of time for travel, and participation in an authorized event and will assure that it is for either City business or is directly related to professional job development. The City Manager may authorize official travel contingent upon the employee or another agency paying for part or all of the expenses. The request for attendance at a scheduled event should be submitted for approval at least two weeks in advance of the departure date. (2) EXPENSES Expenses incurred by an employee, during travel or participation in an event, are subject to any City ordinance covering expense allowances. Factors relative to expense allowances include: a. A request for travel authorization shall be submitted to the office of the Director of Finance two weeks in advance of the date of departure, except that, due to unforseen circumstances, this requirement cannot be met. In all instances, approval of travel authorization requests shall be obtained prior to reimbursement for expenditures in connection therewith. b. All lodging arrangements must be made through the City Manager's office, Department Director's office, or his/her designated agent. In no event will lodging arrangements be made by the employee traveling. Lodging arrangements shall be at the lowest rate available, and shall neither exceed the single room rate at the establishment nor exceed the published dates of the event plus the day preceding the first published date. Laundry and/or dry cleaning expenses may be reimbursed if the trip exceeds five (5) days, receipt required. c. Exceptional expenses may be reimbursed if approved by the City Manager or Department Director. (3) MEALS a. Travelers requiring overnight lodging shall receive a per diem meal allowance. The travel day shall be divided into quarters and the per diem allowance allocated equally to each quarter. The City Manager shall establish per diem rates for all travel. i. Quarters for each day shall begin and end as follows: 1st Quarter Begins: 12:01 am Ends: 6:00 am 2nd Quarter Begins: 6:01 am Ends: 12:00 noon 3rd Quarter Begins: 12:01 pm Ends: 6:00 prn 4th Quarter Begins: 6:01 pm Ends: 12:00 midnite ii. Travel in all or part of any quarter shall entitle the traveler to the allowance for that quarter. b. Reimbursement for the per diem allowance shall not exceed the published dates of the event plus the day prior to and the day following the published dates. All dates extending travel beyond the published dates of the event shall be approved prior to traveling by the traveler's Department Director or City Manager. c. Expenditures for banquets, luncheons or other meals that are a part of the scheduled event may be reimbursed if additional receipts are presented. With or without receipts, such meals shall reduce the per diem amount by the quarterly amount in which the meal occurred. d. Per Diem shall not apply to travel not requiring overnight lodging. Travelers not requiring overnight lodging shall estimate the number of meals during the travel and shall be provided an allowance in lieu of per diem for those meals. For travel reconciliation, receipts for meals shall be required, however, the receipts shall be considered cumulatively for the trip, not meal-by-meal. The total of the receipts shall be reconciled against the total allowance for the trip. All such expenses shall require prior approval from the City Manager or Department Director approving the travel. In approving meal allowances, the City Manager and/or Department Director should consider what portion of the per diem rate would be if applied, if per diem were paid, and the location and nature of the event attended. .w (4) TRANSPORTATION a. Transportation by public conveyance shall be reimbursed at the actual amount of such transportation, except airline travel shall be restricted to coach class -unless scheduling or routing requires first class. b. Expense of taxicab, rental car, bus or limousine while traveling out of the City shall be reimbursed, receipts required. Such expenses shall be limited to the published dates of the event plus one day prior and the day following the published event. c. Airport parking of the traveler's private vehicle may be reimbursed, if pre-approved. d. Travel by pnvate means of transportation shall be reimbursed at a mileage rate established by the City Manager. Toll fees are reimbursable travel expenses. e. When an employee uses aCity-owned or privately owned vehicle for transportation, no claim for other fare, except parking, and toll fees will be allowed. Gasoline and oil expenses for City-owned vehicles will be allowed. f. Other related travel expenses shall be reimbursed at actual amounts as ~~ evidenced by receipts as required in this policy. (5) TRAVEL ADVANCES When an employee is required to travel on official business away from the City, a travel advance may be obtained if reasonable and anticipated expenses exceed twenty dollars ($20.00). a. Such expenses shall not include the cost of air travel or registration fees. b. A request for travel advance shall be included on the travel ~' authorization form at least two weeks prior to the day of departure from the city. c. Upon approval of the travel advance authorization, the office of the Director of Finance will issue a check to the employee. ~ (6) TRAVEL RECONCILIATION `~ Upon completion of any trip, a "Travel Expense Voucher", together with all ~1 receipts for authorized travel expenses, shall be submitted to the office of the „ Director of Finance. If these expenses are less than the travel advance, the ~ officer or employee shall include the reimbursement to the City. If these expenses exceed the travel advance, the employee will receive reimbursement for the difference. a. Receipts or affidavits for expenditures shall be required for: i. All transportation incidental to the trip (railway, bus, boat, airplane, etc.); ii. All lodging; iii. Repairs or fuel for City owned vehicles; iv. All extraordinary expenses, such as purchase of incidental supplies or publications and registration fees, provided that all expenses are justified as being directly related to the purpose of the travel. v. For travel requiring overnight lodging, receipts or affidavits shall not be required for meals except when the meal is a part of ' a banquet or luncheon related to the event attended and is used for determining the amount to be reimbursed in excess of the ~ per diem amount. vi. For travel not requiring overnight lodging, meal receipts will be required. b. The "Travel Expense Voucher" shall be submitted during the first ~' working day following the return from the trip. c. The following expenses will not be reimbursed: ' i. Alcoholic beverages; ii. Any expenses for non-employee or persons not on official business on behalf of the City of Owasso unless previously ~ approved by the City Manager; iii. Entertainment, including in-room movies; iv. Lost wages from secondary employment; v. Personal phone calls. (7) All claims for travel expenses while on official City business are subject to review by the City Manager or designee for payment. w MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ALLAN E. HARDER PERSONNEL OFFICER SUBJECT: DRUG AND ALCOHOL DETECTION, INTERVENTION AND EMPLOYEE ASSISTANCE POLICY DATE: December 17, 1996 BACKGROUND: Beginning in early September, 1996, research and development began on the attached Personnel Policy revision. Research consisted of reviewing State and Federal laws and regulations related to drug and alcohol testing, reviewing Presidential Executive Orders, discussing the revision with the City Attorney, examining policies from other municipalities and governments, reviewing court rulings, and interviewing, formally and informally, City staff. Simultaneous to the research, meetings were held with the Presidents and delegations of the IAFF and FOP to negotiate the impact of implementing such a policy revision. Discussions in Department Director's meetings provided their input and ideas about the policy into the development process. Throughout the process, numerous DRAFT policy revisions were developed incorporating ideas, corrections, and amendments identified through the various inputs. Each DRAFT has been reviewed and accepted by Ron Cates, City Attorney. On two occasions during development, the City Council was provided copies of DRAFT policies and status updates. In addition to IAFF and FOP input, employee input was achieved through a series of open employee meetings. All employees were invited to attend and Department Directors were encouraged to make time available for attendance. The meetings provided history of drug and alcohol testing in the Untied States; explained the intent of the City to aid employees identified with problems with drugs and/or alcohol and to provide a safe worlang environment; and provided information about the DRAFT policy and how testing would be done if the policy were approved. All employees who attended were provided copies of the DRAFT and information about the City's Employee Assistance Program (EAP). By including staff and employees in the development process, a policy revision has been developed that is attached for Council Approval. If approved, the revised policy would allow the City to continue to comply with all the Federal and State legal requirements of the ~ "Drug Free Workplace Act" and would allow the implementation of random drug and alcohol testing of employees meeting definitions of employees to be tested by the policy. In DRUG & ALCOHOL DETECTION POLICY MEMO DECEMBER 17, 1996 PAGE 2 addition to complying with legal requirements, the City would better provide a safe work environment and aid employees who might have problems with drugs and/or alcohol. IMPACT OF IMPLEMENTATION ON EMPLOYEES: The most visible impact of this policy's implementation on employees will be the implementation of RANDOM drug and alcohol testing for those employees meeting the definitions for testing as stated by the policy. The policy identifies employees for testing in addition to those employees who have been tested as required by the U.S. Department of Transportation. As stated, Impact Negotiations have been conducted with the IAFF and FOP and other employees were provided opportunities to discuss and comment on the proposal. As a result of those meetings, it is agreed between the City and the FOP that the implementation of this policy will have an impact on the employees of the City of Owasso and the members of the ,,,+ FOP. It is also agreed that while there may be some inconveniences from the implementation, that the overall impact will be positive. A copy of the Memorandum of Agreement between the City and the FOP is attached with the proposed policy. Although impact negotiations were conducted only with the IAFF and FOP, the identified impacts of ~ implementing the policy apply to all employees and were discussed with all employees who attended the workshop meetings. ~ Throughout impact negotiations, the IAFF indicated they were in agreement with the policy and the City's stated intent, but at the time designated to sign the Impact Agreement, the IAFF members had last minute questions that required additional discussions and meetings. Continued discussions and impact negotiations with the IAFF are being conducted and the City is confident that answers can be provided that will result in an Impact Agreement during 1 the required 30 day notification/implementation period of the policy. Should an Impact Agreement not be signed during that period the IAFF will have grievance procedures available as an option in addressing the issue. ~ Even without the Impact Agreement with the IAFF, the City feels the policy is the fair and right approach to detection, intervention and employee assistance where the use and/or abuse of drugs and/or alcohol is involved. Because the laws and regulations governing such a policy, and the policy itself, require a 30 day delay in implementation from the date a policy is approved or amended, management is moving ahead with the approval phase of the policy. It is management's interpretation that firefighters will be covered by this policy, however, during the required 30 day notification/implementation phase continued discussions with the IAFF will be held as stated above. i ~ ~~~~; DRUG & ALCOHOL DETECTION POLICY MEMO ~ DECEMBER 17, 1996 ~ PAGE 3 EFFECTS OF APPROVAL BY THE COUNCIL: If approved, this policy will replace the former Chapter 8 of the CITY OF OWASSO, OKLAHOMA, PERSONNEL MANUAL, dated July 1, 1992, and repeal that chapter and any other City of Owasso policy statement relating to a Drug Free Workplace and/or employee drug testing. The revision includes provisions of previous policies and adds provisions for random employee drug and alcohol testing that are allowed by State and Federal laws and regulations. If approved, the effective date for implementing the provisions of the policy would be delayed 30 days from the approval date as required by laws regulating the policy and as stated in the policy. During that 30 day period, staff will meet required training and ~r notification provisions of the policy. RECOMMENDATION: Staff recommends approval of the amended policy. ATTACHMENT: 1. Chapter 8, Personnel Manual as amended 2. Memorandum of Agreement between the City and the FOP 3. Memorandum announcing Open Meetings with All Employees DRUG AND ALCOHOL DETECTION, INTERVENTION AND EMPLOYEE ASSISTANCE POLICY The City of Owasso considers its employees to be its most valuable resource and is concerned about the health, safety, well being, and satisfactory work performance of all employees. The use, abuse, and dependence on alcohol and/or drugs can seriously affect the health of employees, jeopardize their own safety and that of others, as well as impair job performance. The City of Owasso is concerned for its workers and their dependents whose use of controlled substances could adversely affect job performance and the well- being of the employee, the employee's family and the employee's co-workers. It is the intent of the City of Owasso to provide a safe and secure working environment for its employees and to aid those identified with drug and/or alcohol problems whenever possible in their treatment of those problems. Recognizing that the successful treatment must come from a cooperative effort between the employee, City and professional providers, the City provides an Employee Assistance Program for employees to seek voluntarily or be referred to for such treatment. Therefor, it is imperative that an employee identified with a problem must adhere to recommended treatment programs or be held accountable for failure to do so. Chapter 8 DRUG AND ALCOHOL DETECTION INTERVENTION AND EMPLOYEE ASSISTANCE POLICY PURPOSE. The City of Owasso considers its employees to be its most valuable resource and is concerned about the health, safety, well being, and satisfactory work performance of all employees. The use, abuse, and dependence on alcohol and/or drugs can seriously affect the health of employees, jeopardize their own safety and that of others, as well as impair job performance. The City of Owasso is concerned for its workers and their dependents whose use of controlled substances could adversely affect job performance and the well-being of the employee, the employee's family and the employee's co-workers. It is the intent of the City of Owasso to provide a safe and secure working environment for its employees and to aid those identified with drug and/or alcohol problems whenever possible in their treatment of those problems. Recognizing that the successful treatment must come from a cooperative effort between the employee, City and professional providers, the City provides an Employee '~ Assistance Program for employees to seek voluntarily or be referred to for such treatment. Therefor, it is imperative that an employee identified with a problem must adhere to recommended treatment programs or be held accountable for failure to do so. It is the policy of the City of Owasso to comply with all applicable state and/or federal laws in the administration of creating and sustaining a drug and alcohol free workplace. The ~ City of Owasso's policy is further intended to comply with all state and federal laws governing drug and alcohol testing and is designed to safeguard employee privacy rights to the fullest extent of the law. It is the policy of the City of Owasso that the unlawful manufacture, distribution, dispensing, possession, use of, or being under the influence of, a controlled substance is ~ prohibited in the workplace. (Such actions by an employee acting in his/her official capacity, within the boundaries of their job descriptions, may be exempt from this prohibition.) The City of Owasso may neither require nor allow an employee to perform job functions while under the influence of alcohol or the unlawful use of controlled substances. '~ It is a condition of continued employment for an employee to abide by and comply with the terms of this statement and policy. Any employee determined to be in violation of this policy while on duty or when wearing a City of Owasso uniform, whether on or off duty, is subject to disciplinary action. The City of Owasso, pursuant to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, effective June 1993 and as amended, the Federal Drug-Free Workplace Act 2 of 1988, and the Omnibus Transportation Employee Testing Act, effective 1991 and as amended; hereby declares and establishes the following Drug and Alcohol Testing policy for employees of the City of Owasso (hereinafter referred to as the City). EFFECTIVE DATE. The City of Owasso Drug and Alcohol Detection, Intervention and Employee Assistance Policy as amended shall be effective on Januar~l7, 1997. A period of thirty (30) days notice is given to employees before the implementation of the Drug and Alcohol Testing Policy set forth below. At such time as changes to the Policy may become necessary, the City will give employees at least thirty (30) days notice before the changes shall take effect. POSTING. The City shall post a copy of the Drug and Alcohol Free Workplace Policy and any changes to the policy, in a prominent employee access area in the place of employment and shall give a copy of the policy and any changes to the policy to each employee and to each applicant upon his or her receipt of a conditional offer of employment with the City. 8-1 DEFINITIONS . As used in this policy, the defining terms are as follows: a) "Alcohol" means ethyl alcohol or ethanol. b) "Applicant" means a person who has applied for a position with the City. c) "Authorized to Carry Firearms" shall refer only to those employees who are considered armed security guards under definitions of applicable state or federal laws. d) "Breath alcohol technician (BAT)" means an individual who instructs and assists in the alcohol testing process and operates an evidential breath testing device (EBT). e) "City" means the City of Owasso. f) "Commercial Motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 1. Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or 2. Has a gross vehicle weight rating of 26,001 or more pounds; or 3 3. Is designed to transport 16 or more passengers, including the driver; or 4. Is of any size and is used in the transportation of hazardous materials requiring placards. g) "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. h) "Controlled Substances" shall mean alcohol as defined in item a) above and drug as defined in item k) below. i) "Direct Contact with Inmates" shall mean those employees who transport or who supervise or direct any activity of inmate laborers provided through contract or contracts with the Oklahoma Department of Corrections. j) "Driver" means any person who operates a commercial motor vehicle (CMV). For the purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. k) "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphen, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 1) "Drug Interdiction Responsibilities" shall mean activities taken intended to bring about the total cessation of all illegal trade of drugs. m) "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. n) "Employee Assistance Program" or "EAP" means an in-house or contracted program which, at a minimum, provides drug and alcohol dependency evaluation and referral services for substance abuse counseling, treatment or rehabilitation. The City of Owasso's Employee Assistance Program is operated under contract by St. Francis Hospital in Tulsa, OK, for information, contact the Personnel Office. o) "Employee" means any person who is an employee of the City; for the purposes of this policy only, this will include volunteer firefighters and reserve police officers 4 p) "Engaged in Activities that Directly Affect the Safety of Others", as related to testing authorized under the Oklahoma Standards Act, shall include but not be limited to those employees who: ^ 1) operate a motor vehicle or who might be required to operate a motor vehicle on the public streets or highways while engaged in business for or on behalf of the City; or 2) operate any motorized, wheeled vehicle or equipment capable of moving under its own power; or 3) engage in the collection, distribution, testing or other handling of substances that might affect the health or safety of others following the employee's handling of those substances (i.e.: water, wastewater, refuse, etc.); or 4) are involved in the determination, administration, compliance, or inspection for compliance of safety rules, regulations, laws or ordinances; or 5) are responsible for the maintenance and operation of any motor vehicle or motorized, wheeled equipment as described above; or 6) are responsible for any type emergency response activities, ~" including but not limited to police, fires and emergency medical r responses; or ~ 7) are responsible for the dispatch of any above described employees. q) "Medical Review Officer (MRO)" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the City's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information. r) "Police Officer or Peace Officer" shall mean any of the staff of persons employed by the City to enforce Federal, State, and municipal laws and ordinances for preserving the peace, safety, and good order of the community. s) "Random selection basis" means a mechanism for selecting employees for drug or alcohol testing that: 1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and 2) does not give the City discretion to waive the selection of any employee selected under the mechanism. 5 t) "Reasonable suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City's written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those , facts in light of experience, and may be based upon, among other things: 1) observable phenomena, such as: A) Physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or '~ B) direct observation of drug or alcohol use while at work or on duty, ~ 2) a report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated, ~ 3) evidence that an individual has tampered with a drug or alcohol test during his employment or application for employment with the City, or 4) evidence that an employee is involved in the use, possession, sale, ,~ solicitation or transfer of drugs or alcohol while on duty or while on the City's premises or operating the City's vehicle, machinery or equipment or privately owned vehicle while engaged in business for or on behalf of the City. u) "Safety-sensitive function", as related to testing under DOT mandates, means all the following specific activities and related activities: 1) All time waiting to be dispatched, unless the commercial motor vehicle driver has been relieved from duty by the employer. 2) All time inspecting equipment, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time. 3) All time spent at the driving controls of a commercial motor vehicle. 4) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 5) All time spent performing the driver requirements associated with an accident. 6 6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. v) "Sample" means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. w) "Screening test" means an analytical alcohol testing procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. x) "Substance Abuse and Mental Health Services Administration (SAMHSA)" means that agency of the U.S. Department of Health and Human Services whose mission is to assure that quality substance abuse and mental health services are available to the people who need them and to ensure that prevention and treatment knowledge is used more effectively in the general health care system. y) "Substance abuse professional (SAP)" means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of a clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. z) "Testing Facility" means any person, including any laboratory, hospital, clinic ' or facility, either on or off the premises of the City, which provides laboratory services to test for the presence of drugs or alcohol in the human body. aa) "Uniform" means the required or issued clothing for employees of the City that bear the Seal of the City or otherwise identify the employee as ~" working for the City. bb) "workplace" means a place where active work, either temporary or permanent, is being conducted in connection with the business of the City; that is, where some process or operation related to the City is carried on and where any person is directly or indirectly employed by the City. 7 8-2 TESTS REQUIRED UNDER THE U S DEPARTMENT OF TRANSPORTATION REGULATIONS A. Exceptions: 1. The City is not required to administer an alcohol test or controlled substances test if: a. The applicant has undergone an alcohol test within the previous six (6) months, with a result indicating a breath alcohol concentration less than 0.04 and meets the requirements of the DOT. b. The applicant has participated in a drug testing program within the previous thirty (30) days, that meets the requirements of the DOT, and c. While participating in that program, either: i. was tested for controlled substances within the past six (6) months from the date of application, or ii. participated in a random controlled substances testing program for ,~ the previous twelve (12) months from the date of application, and iii. the City will check that no prior employer of the driver, of whom the City has knowledge, has records of a violation of another DOT agency within the previous six (6) months. ~ B. Employee Testing_ Employees of the City will be subject to drug and/or alcohol testing under the applicable circumstances: ~ 1. Reasonable Suspicion Testing_ The City will require an employee to submit to drug and/or alcohol testing if there is reasonable suspicion that the employee is violating the City of Owasso Drug and Alcohol Free Workplace Policy. a. Observations of employee conduct while the employee is at work or on duty, which cause the City to require reasonable suspicion testing of an employee, shall be made by a supervisor or department head who has received training for the detection of symptoms or manifestations of being under the influence of a drug or alcohol. Testing will be required of all employees, regardless of classification when reasonable suspicion exists. b. The driver of a commercial motor vehicle may be directed to undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety sensitive functions, or just after the driver has ceased performing such functions. 8 1 ' c. If an alcohol test is not administered within two (2) hours following the determination that reasonable suspicion exists, the Personnel Department shall prepare and maintain on file a record stating the reasons the alcohol ~ test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test ~ and shall cite in the record the reasons for not administering the test. d. The City shall not permit an employee to perform or continue to perform job functions, until: i. An alcohol test is administered and the employee's breath alcohol concentration measures less than 0.02; or ii. Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol. ' e. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or ~. department head who made the observations, within twenty-four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. 2. Post-Accident or Incident Testing. The City will require an employee to undergo drug and/or alcohol testing if the employee or another person sustained awork-related injury or the City's property was damaged or resulting in injury to others or damage to other property, and there is reasonable suspicion that the accident/incident was a direct result of use of drugs and/or alcohol by an employee, in the workplace or while performing job duties. a. As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances, the driver: i. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or ii. Who receives a citation under State or local law for a moving traffic violation arising from the accident. b. No driver of a commercial motor vehicle required to take a post accident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes apost-accident alcohol test, whichever occurs first. c. If an alcohol test is not administered within two(2) hours following the accident the Department Director shall prepare and maintain on file, in the Personnel Department, a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. d. If a controlled substance test is not administered within thirty-two (32) hours following the accident, the City shall cease attempts to administer a controlled substance test; and the Department Director will prepare and maintain on file, in the Personnel Department, a record stating the reasons the test was not promptly administered. e. An employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed, by the City, to have refused to submit to testing. f. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. g. The City retains the right to require post accident/incident tests be performed on employees who as a result of the accident incident are ~^ unconscious or otherwise unable to voluntarily submit to such tests. h. In the absence of reasonable suspicion, an employee involved in an accident incident may voluntarily request drug and/or alcohol tests be performed without cost to the employee. 3. Random Testine. The City has decided to require drug and/or alcohol testing on a random selection basis. Random selection shall be conducted using two (2) pools of employees. The first pool of employees shall be limited to those employees whose testing is mandated by the U.S. Department of Transportation (DOT). The second pool shall consist of all other employees whose job duties and functions meet the definitions for testing as allowed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. (The separate DOT pool will ease DOT compliance.) a. The DOT pool shall be restricted to employees who perform safety- sensitive functions in the following classifications and/or positions: i. vehicle and equipment operator employees who are required to maintain a Commercial Drivers License (hereafter referred to as ~ "CDL") and operate vehicles and/or equipment in excess of 26,001 pounds; 10 ii. mechanic employees; and iii. any other employees involved in the repair, operation, or dispatching of vehicles and/or equipment (or as may be required by federal law). b. Random controlled substances testing shall be conducted in accordance with the following requirements: The City will randomly select employees for testing at the highest minimum annual percentage rate established for the calendar year by the DOT rules to which the City is subject. ii. The City will use a scientific valid method of random selection which is matched with the driver's social security number. iii. The City will ensure that random testing is unannounced and spread reasonably throughout the calendar year. iv. The City will ensure that drivers selected for random testing proceed immediately to the testing site upon notification of being selected. v. In the event a driver, who is selected for random controlled substances testing, is on vacation or an extended medical absence, the City will select another driver for testing. vi. No driver of a CMV shall report for duty, or remain on duty, requiring the performance of safety-sensitive functions while have a breath alcohol concentration of 0.04 or greater. The City, having actual knowledge that a driver has a breath alcohol concentration of 0.04 or greater shall not permit an employee to perform or continue to perform safety-sensitive functions. vii. No driver of a CMV shall perform safety-sensitive functions within four (4) hours after using alcohol. The City, having actual knowledge that a driver has used alcohol within four (4) hours shall not permit a driver to perform or continue to perform safety- sensitive functions. viii. No driver of a CMV shall report for duty, or remain on duty, requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. ix. The City, having actual knowledge that a driver has used a controlled substance shall not permit the driver to perform or continue to perform safety sensitive functions, until twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol or controlled substances. x. No driver of a CMV shall report for duty, or remain on duty, ~ requiring the performance of safety-sensitive functions if the driver tests positive for controlled substances. The City, having actual knowledge that a driver has tested positive for controlled substance shall not permit that employee to perform or continue to perform safety-sensitive functions. 1 xi. The City may require a driver to inform the City of any therapeutic drug use. 4. Post-Rehabilitation Testing The City Shall require an employee undergo drug and/or alcohol testing, without prior notice, as directed by the substance abuse professional for a period not to exceed 60 months from the date the employee returned to duty, in the following situations: a. after the employee tested positive on a drug and/or alcohol test required by City; or b. after having participated in a drug or alcohol treatment program. 5. Return-To-Duty Testing An employee who is not terminated from employment is prohibited from working in any position or job function after a positive drug test result, or an alcohol test result indicating a breath alcohol concentration of 0.02 or more, regardless of when the drug or alcohol was ingested and regardless of whether or not the employee is under the influence ' of alcohol or drugs, as defined by Federal, State, or local law. Employees are subject to the following return-to-duty guidelines: a. An employee shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substances abuse. The Substance Abuse Professional shall determine that the employee has properly followed any rehabilitation program prescribed. Employees may be required to sign a partial release of information from the Substance Abuse Professional to the City, reporting only employee participation in prescribed rehabilitation programs. b. Before an employee returns to duty, following a positive alcohol and/or drug test result, the employee shall undergo areturn-to-duty alcohol test ~ 12 with a result indicating a breath alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance. c. The employee shall be subject to unannounced follow-up alcohol and controlled substances tests, ordered by the Personnel Director or his/her designee, following the employees return to duty. The number and frequency of such follow-up testing shall be as recommended by the Substance Abuse Professional and consist of at least six (6) tests in the first twelve (12) months following the employee's return to duty. The Personnel Director or his/her designee may direct the employee to undergo return-to-duty and follow-up testing for both alcohol and controlled substances if the Substance Abuse Professional determines that such testing is necessary. 8-3 TESTING CONDUCTED UNDER THE OKLAHOMA STANDARDS FOR WORKPLACE DRUG AND ALCOHOL TESTING ACT A. Exceptions: 1. Employees tested under the U.S. Department of Transportation mandated testing are exempt from further testing under the Oklahoma Standards Act. B. Employee Testing: Employees of the City will be subject to drug and/or alcohol ' testing under the applicable circumstances: 1. Reasonable Suspicion Testing. The City will require an employee to submit •^ to drug and/or alcohol testing if there is reasonable suspicion that the employee is violating the City of Owasso Drug and Alcohol Free Workplace Policy. ~ a. Observations of employee conduct while the employee is at work or on duty, which cause the City to require reasonable suspicion testing of an ' employee, shall be made by a supervisor or Department Director who has received training for the detection of symptoms or manifestations of being under the influence of a drug or alcohol. Testing will be required of all employees, regardless of classification, when reasonable suspicion exists. b. All City employees may be directed to undergo reasonable suspicion testing while the employee is performing safety-sensitive functions or activities that directly affect the safety of others, just before the employee is to perform safety sensitive functions or activities that directly affect the ~ 13 safety of others, or just after the employee has ceased performing such functions. c. If an alcohol test is not administered within two (2) hours following the determination that reasonable suspicion exists, the Personnel Department shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. d. The City shall not permit an employee to perform or continue to perform job functions, until: An alcohol test is administered and the employee's breath alcohol concentration measures less than 0.02; or ii. Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol. e. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or department head who made the observations, within twenty-four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. 2. Post-Accident or Incident Testing The City will require an employee to undergo drug and/or alcohol testing if the employee or another person sustained awork-related injury or the City's property was damaged or resulting in injury to others or damage to other property, and there is reasonable suspicion that the accident/incident was a direct result of use of drugs and/or alcohol by an employee, in the workplace or while performing job duties. a. As soon as practicable following an accident involving an employee, the City shall test for alcohol and controlled substances, the employee involved in the accident/incident: i. Who was performing safety-sensitive functions or activities that directly affect the safety of others, if the accident/incidentfnvolved the loss of human life or personal injury; or ii. Who receives a citation under State or local law for a moving traffic violation arising from the accident. 14 b. No employee required to take a post accident/incident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes apost-accident alcohol test, whichever occurs first. ~ c. If an alcohol test is not administered within two(2) hours following the accident/incident the Department Director shall prepare and maintain on ' file, in the Personnel Department, a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease ' attempts to administer an alcohol test and shall site in the record the reasons for not administering the test. d. If a controlled substance test is not administered within thirty-two (32) hours following the accident/incident, the City shall cease attempts to administer a controlled substance test; and the Department Director will prepare and maintain on file, in the Personnel Department, a record stating the reasons the test was not promptly administered. e. An employee who is subject to post-accident/incident testing shall remain readily available for such testing or may be deemed, by the City, to have refused to submit to testing. f. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to t^r obtain assistance in responding to the accident, or to obtain necessary emergency medical care, or to prohibit or otherwise limit any official investigation into the accident/incident. g. The City retains the right to require post accident/incident tests be performed on employees who as a result of the accident/incident are unconscious, or otherwise unable to voluntarily submit to such tests. h. In the absence of reasonable suspicion by a supervisor, an employee involved in an accident/incident may voluntarily request drug and/or alcohol tests be performed without cost to the employee. 3. Random Testing. The City has decided to require drug and/or alcohol testing on a random selection basis. The random selection shall be conducted using two (2) pools of employees. The first pool shall consist of those employees whose testing is mandated by the U.S. Department of Transportation (DOT). The second pool shall consist of all other employees whose job duties and functions meet the definitions of employees for testing as allowed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. a. The second pool shall be restricted to employees who perform safety- sensitive functions or activities that directly affect the safety of others in the following classifications and/or positions: 15 any police or peace officer; and ii. any employee having drug interdiction responsibilities; and iii. any employee authorized to carry firearms; and iv. any employee engaged in activities that directly affect the safety of others, including but not limited to firefighters and emergency medical responders (see definition item p); and '* v. any employee who works in direct contact with inmates. b. Random alcohol and controlled substances testing shall be conducted in accordance with the following requirements: i. The City will cause a random selection of eligible employees for testing at a rate of 50 % of eligible employees for drug testing and 25 % of eligible employees for alcohol testing, established for a calendar year. After a period of 24 months after ~ implementation, and after each subsequent 24 month period, the program shall be reviewed for performance. Should more than 25 % of tested employees test positive, the percentage of employees to be selected for testing annually shall increase by 25 %. Should fewer than 5 % of tested employees test positive, "~ the percentage of employees to be selected annually shall be reduced by 10 %. Should between 5 % and 25 % of employees tested be found to test positive, no change in the percentages of employees tested will be made. .r ii. The City will determine a scientific method of random selection to be used for random selection. iii. The City will ensure that random testing is unannounced and spread reasonably throughout the calendar year. iv. The City will ensure that employees selected for random testing proceed immediately to the testing site upon notification of being selected. v. No employee whose job duties or functions are described above shall report for duty, or remain on duty, requiring the performance of safety-sensitive functions or activities that directly affect the safety of others while having a breath alcohol concentration of ++r 0.04 or greater. The City, having actual knowledge that an employee has a breath alcohol concentration of 0.04 or greater shall not permit the employee to perform or continue to perform safety-sensitive functions or activities that directly affect the safety of others. # 16 ~ vi. No employee whose job duties or functions are described above shall perform safety-sensitive functions or activities that directly affect the safety of others job functions within four (4) hours after using alcohol. The City, having actual knowledge that an employee has used alcohol shall not permit the employee to perform safety- sensitive functions or activities that directly affect the safety of others. vii. No employee whose job duties or functions are described above shall report for duty, or remain on duty, requiring the performance of safety-sensitive functions or activities that directly affect the safety of others, when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform safety-sensitive functions or activities that directly affect the safety of others. Employees using controlled substances under the instructions of a physician may be required to produce a prescription or other written instructions from a physician instructing their use of the controlled substance. viii. The City, having actual knowledge of an employee's use of a controlled substance shall not permit the employee to perform safety-sensitive functions or activities that directly affect the safety of others, until twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion that the employee has violated the rules concerning the use of alcohol or controlled substances. ix. No employee whose job duties or functions are described above shall report for duty, or remain on duty, requiring the performance of safety-sensitive functions or activities that direly affect the safety of others, if the employee tests positive for controlled substances. The City having actual knowledge that an employee has tested positive for controlled substances shall not permit the employee to perform or continue to perform safety-sensitive functions or activities that directly affect the safety of others. The City may require an employee to inform the City of any therapeutic drug use. abuse professional for a period of up to two (2) years commencing with the employee's return to work, in the following situations: 4. Post-Rehabilitation Testing. The City Shall require an employee undergo drug and/or alcohol testing, without prior notice, as directed by the substance 17 a. after the employee tested positive on a drug and/or alcohol test required by City; or b. after having participated in a drug or alcohol treatment program. 5. Return-To-Duty Testing_ An employee who is not terminated from employment is prohibited from working after a positive drug test result, or an ' alcohol test result indicating a breath alcohol concentration of 0.02 or more, regardless of when the drug or alcohol was ingested and regardless of whether or not the employee is under the influence of alcohol or drugs, as defined by ~ Federal, State, or local law. Employees are subject to the following return- to-duty guidelines: a. An employee shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substances abuse. The Substance Abuse Professional shall determine that the employee has properly followed any rehabilitation program prescribed. Employees may be required to sign a partial release of information from the Substance Abuse Professional to the City, reporting only employee participation in prescribed rehabilitation programs. b. Before an employee returns to duty, following a positive alcohol and/or ~ drug test result, the employee shall undergo areturn-to-duty alcohol test with a result indicating a breath alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance. _ c. The employee shall be subject to unannounced follow-up alcohol and ~ controlled substances tests, ordered by the Personnel Director or his/her designee, following the employees return to duty. The number and frequency of such follow-up testing shall be as recommended by the Substance Abuse Professional and consist of at least six (6) tests in the first twelve (12) months following the employee's return to duty. The Personnel Director or his/her designee may direct the employee to undergo return-to-duty and follow-up testing for both alcohol and controlled substances if the Substance Abuse Professional determines that such testing is necessary. 18 8-4 APPLICANT TESTING. A. The City will require all applicants, upon receiving a conditional offer of employment, to undergo drug and/or alcohol testing, and will use a refusal to ' undergo such testing or a confirmed positive test result as a basis for refusal to hire provided that such testing does not violate the Americans with Disabilities Act of 1990, 42 U.S.C. §121010 et seq., (hereinafter referred to as ADA). The ~ ADA does not, in any way, preclude or interfere with the City's' compliance with the Department of Transportation (hereafter referred to as DOT) new or existing drug and alcohol testing regulations. Such testing will be required of all applicants who have received a conditional offer of employment regardless of ^+ employment classification. B. Exceptions: 1. The City is not required to administer an alcohol test or controlled substances test if: a. The applicant has undergone an alcohol test within the previous six (6) months, with a .result indicating a breath alcohol concentration less than 0.04 and meets the requirements of the DOT. ' b. The applicant has participated in a drug testing program within the previous thirty (30) days, that meets the requirements of the DOT, and c. While participating in that program, either: was tested for controlled substances within the past six (6) months from the date of application, or ii. participated in a random controlled substances testing program for the previous twelve (12) months from the date of application, and iii. the City will check that no prior employer of the driver, of whom the City has knowledge, has records of a violation of another DOT agency within the previous six (6) months. 8-5 TESTING DEFINED. A. All Drug and Alcohol Free Workplace testing of employees and applicants shall be conducted at a laboratory selected by the City which has been approved by the 19 Substance Abuse and Mental Health Services Administration (hereafter referred to as "SAMHSA"), pursuant to federal and state law requirements. Any drug or alcohol testing shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees. B. The Facility Will Be Responsible For: 1. employing testing procedures that ensure privacy to employees and job applicants consistent with tampering prevention; 2. employing the split sample method of testing, in the event results of the test are challenged. Without a split sample, a challenged test is considered negative; 3. employing methods of analysis that ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results; 4. employing chain-of-custody procedures that ensure proper identification, labeling and handling of test samples; 5. employing retention and storage procedures that ensure reliable results on confirmatory tests of original samples; and 6. employing alcohol screening tests using approved evidential testing devices that test for prohibited alcohol concentration; 7. maintaining SAMHSA approval of their facility C. The City, shall not permit an employee who refuses to submit to apost-accident alcohol or controlled substance test, a random post-accident or alcohol or controlled substance test, a reasonable suspicion alcohol or controlled substance test, or a follow-up alcohol or controlled substance test to perform or continue to perform safety-sensitive functions or activities that directly affect the safety of others. D. Employee consent will be obtained for each test. Refusal of an employee to consent and submit to testing will subject that employee to disciplinary action, which may include termination of employment. E, The City shall pay all costs of testing for drugs or alcohol required by the City, including confirmation tests required by this Policy. Provided however, an individual who requests a retest of a sample in order to challenge the results of a positive test shall pay all costs of their retest, unless the retest reverses the findings of the challenged positive test. In such case, the City shall reimburse the individual for the costs of the retest. 20 8-6 TESTING METHODS AND COLLECTION PROCEDURES A. Applicant Drug/or Alcohol Screening Process: The job application form of the City contains Notification of Drug/Alcohol Testing Policy of the City, in accordance with federal and state law. The Application Form must be signed by 1r. applicant, acknowledging receipt of Notice of City's Drug and Alcohol Free Workplace Policy. 1 B. In order to achieve the City's goal in providing and maintaining a drug and alcohol free work environment for the safety and protection of employees and ~ others, the following procedures are hereby established: 1. Upon notification of the selected applicant the Personnel Department will schedule the applicant for the drug screen/alcohol test. 2. The applicant shall complete the "Applicant/Employee Consent for Drug ' Screen/Alcohol Test Form. The completed form shall be placed in an envelope with directions to the Medical facility. 1 3. Applicants refusing to submit to the drug screen and/or alcohol test will be considered to have withdrawn their application for employment. 4. The sample collection site will obtain the specimen from the applicant of sufficient quantity to allow for split sample testing. The specimen will be sent to the laboratory. 5. The laboratory designated by the City shall perform an initial drug screen, which shall be a form of chemical identification with confirmation testing of any positive results with Gas Chromatography/Mass Spectrometry (GC/MS) or other reliable confirmation testing. 6. The alcohol screening tests will be done using approved evidential testing devices that test for prohibited alcohol concentration. 8-7 TESTING PROCEDURES A. Tests Conducted Under DOT Mandates 1. Reasonable Suspicion Testing A supervisor who has reasonable suspicion to believe an employee has ingested, inhaled or injected an illegal or unlawful use of a drug, or has 21 ingested an alcoholic beverage when reporting for duty, while on duty, or during standby or callback duty must: a. Prohibit the employee from working or continuing to work. , b. Notify a Department Director or the Personnel Department and request a personal observation of an employee's conduct to confirm that reasonable '~ suspicion exists, and document the observations that confirm the reasonable suspicion. c. Based on reasonable suspicion, employees shall be required to submit to drug or alcohol testing. Prior to requiring such testing, the basis for the reasonable suspicion shall be communicated to the City Manager or '~ designee acting in his/her absence,for approval. d. The employee will be immediately taken, by the supervisor, Department Director or his/her designee, to a collection facility selected by the City in compliance with state and federal regulations. e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. f. Supervisors are prohibited from demanding or encouraging drug or alcohol testing .without reasonable suspicion and without confirmation from a department head or the Personnel Director/designee. g. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 2. Post Accident/Incident Testine Following having been involved in an accident which resulted in personal injury, death, or property damage, or in which driver/employee has received a citation under State of local law for a moving traffic violation arising from the accident, a supervisor must: a. Notify any necessary emergency responders to the scene b. Prohibit the employee form working or continuing to work. c. Notify a Department Director or Personnel Department of the accident incident. d. The Department Director, Personnel Director of their designee will immediately take the employee to a collection facility selected by the City 22 in compliance with State and Federal regulations for the purpose of administering tests for controlled substances. e. Before testing, an employee shall sign a form consenting to testing. ~, Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination of employment. f. Harassment, by any supervisor, Department Director or other employee, t of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 3. Random Testing The City shall, through a contract with a testing agent who meets the requirements for such agents as set forth in this policy and under the laws and regulations governing testing, cause a random selection of drivers for testing. ~ The contractor shall: a. Notify the City's Personnel Department of the date and time of testing and ~ the drivers to be tested by social security account number (SSAN) for each driver. The Personnel Department will match the SSAN to the correct employee. e b. At the date and time of testing, the City shall require those identified for testing to proceed to a location selected by the City that both provides necessary facilities for testing and that protect the privacy of the employee to the greatest extent possible. c. The contractor shall conduct the sampling and testing required by policy and laws and regulation governing testing. 4. Pos[-Rehabilitation Testing The City shall conduct Post-Rehabilitation testing of drivers who have successfully complete a rehabilitation program. The tests will be unannounced with the number and frequency determined by the substance abuse professional involved in rehabilitation program. The City shall conduct the tests as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the driver's Department Director of the date and time for scheduled testing. 23 c. The Department Director, or his/her designee, shall bring the driver to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. ~ d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. e. Following the driver's consent to testing, the Department Director, or his/her designee, shall escort the driver to the designated facility for testing. 5. Return-To-Duty Testin The City shall ensure that before a driver returns to duty after engaging in conduct prohibited concerning alcohol, that the driver shall undergo areturn- to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The City shall ensure that before a driver returns to duty after engaging in conduct prohibited concerning controlled substances, the driver shall undergo a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substances. ~ Such tests shall be conducted as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the Driver's Department Director of the date and time for scheduled testing. c. The Department Director, or his/her designee, shall bring the driver to the ,~ Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. ~ d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. e. Following the driver's consent to testing, the Department Director, or his/her designee, shall escort the driver to the designated facility for testing 24 B. Tests Authorized bathe Oklahoma Standards for Workplace Drue and Alcohol Testing_Act 1. Reasonable Suspicion Testing A supervisor who has reasonable suspicion to believe an employee has ingested, inhaled or injected an illegal or unlawful use of a drug, or has ~ ingested an alcoholic beverage when reporting for duty, while on duty, or during standby or callback duty must: a. Prohibit the employee from working or continuing to work. b. Notify a Department Director or the Personnel Department and request a personal observation of an employee's conduct to confirm that reasonable suspicion exists, and document the observations that confirm the reasonable suspicion.. c. Based on reasonable suspicion, employees shall be required to submit to drug or alcohol testing. Prior to requiring such testing, the basis for the reasonable suspicion shall be communicated to the Personnel Director or ~ designee acting in his/her absence. d. The employee will be immediately taken, by the supervisor, Department ' Director, or his/her designee, to a collection facility selected by the City in compliance with state and federal regulations. e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. a f. Supervisors are prohibited from demanding or encouraging drug or alcohol testing without reasonable suspicion and without confirmation from a department head or the Personnel Director/designee. ~, g. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 2. Post Accident/Incident Testing Following having been involved in an accident which resulted in personal injury, death, or property damage, or in which driver/employee has received a citation under State or local law for a moving traffic violation arising from the accident, and where reasonable suspicion exists that the use of alcohol or drugs by the employee contributed to the accident, a supervisor must: 25 a. Notify any necessary emergency responders to the scene t b. Prohibit the employee from working or continuing to work. c. Notify a Department Director or Personnel Department of the ~ accident/incident and of the documentation of the reasonable suspicion. d. The Department Director, Personnel Director of their designee will immediately take the employee to a collection facility selected by the City in compliance with State and Federal regulations for the purpose of administering tests for controlled substances. e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination of employment. f. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 3. Random Testing The City shall, through a contract with a testing agent who meets the requirements for such agents as set forth in this policy and under the laws and regulations governing testing, cause a random selection of drivers for testing. The contractor shall: ~ a. Notify the City's Personnel Department of the date and time of testing and the employees to be tested by social security account number (SSAN) for each driver. The Personnel Department will match the SSAN to the correct employee. b. At the date and time of testing, the City shall require those identified for ~ testing to proceed to a location selected by the City that both provides necessary facilities for testing and that protect the privacy of the employee to the greatest extent possible. c. The contractor shall conduct the sampling and testing required by policy ~' and laws and regulation governing testing. ~r 4. Post-Rehabilitation Testing The City shall conduct Post-Rehabilitation testing of employees who have successfully complete a rehabilitation program. The tests will be unannounced with the number and frequency determined by the substance ~ 26 ~. ' abuse professional involved in rehabilitation program. The City shall conduct the tests as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. ~ b. The Personnel Department shall notify the employee's Department Director of the date and time for scheduled testing. c. The Department Director or his/her designee shall bring the employee to r the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. ' d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will ~ result in disciplinary action, which may include termination. e. Following the employee's consent to testing, the Department Director or his/her designee shall escort the employee to the designated facility for ~ testing. 5. Return-To-Duty Testing The City shall ensure that before an employee returns to duty after engaging in conduct prohibited concerning alcohol, that the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The City shall ensure that before an employee returns to duty after engaging in conduct prohibited concerning controlled substances, the employee shall undergo areturn-to-duty controlled substance test with a result indicating a verified negative result for controlled substances. Such tests shall be conducted as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel .Department shall notify the employee's Department Director of the date and time for scheduled testing. c. The Department Director or his/her designee shall bring the employee to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. 27 e. Following the employee's consent to testing, the Department Director or his/her designee shall escort the employee to the designated facility for testing 8-8 TEST RESULTS "~ A. Applicant Test Results Upon completion of testing, results of the drug screen/alcohol test shall be communicated to the Personnel Department, after compliance with the procedures listed below: 1. Test result from drug screen and/or alcohol test. a. The collection site will notify the Personnel Department the drug screen and or alcohol test was negative. b. The Personnel Department may schedule the applicant for a pre- employment physical. 2. Positive test result from drug screen and/or alcohol test. a. The Medical Review Officer shall compare the test results to the list of prescribed medications applicant identified as having taken. b. If a drug screen reveals a drug present which is questionable, the applicant ~ will be contacted by the Medical Review Officer in order for the applicant to explain, in confidence, and/or provide additional documentation as the Medical Review Officer deems necessary to satisfy the Medical Review Officer that the presence of such drug is not unlawful. c. The applicant must provide the requested explanation and/or documentation as requested by the Medical Review Officer within forty- eight (48) hours of time of request. Failure to provide information within the forty-eight (48) hours will result in applicant's drug screen being reported to the Personnel department as positive. d. If the applicant provides explanation and/or documentation within forty- eight (48) hours of the request, sufficient to satisfy the Medical Review Officer that the presence of the drug is lawful, the result of the drug screen test shall be reported to the Personnel Department as negative. ~ 28 ' B. Employee Test Results: Upon completion of testing, results of the drug screen and/or alcohol test shall be communicated to the Personnel Department, after compliance with the procedures listed below. ' 1. Test result from drug screen and/or alcohol test. a. Collection site will notify Personnel Department drug screen and/or ^ alcohol test was negative. 2. Positive test result from drug screen and/or alcohol test. a. The Medical Review Officer shall compare the test results to the list of prescribed medications employee identified as having taken. ~ b. If a drug screen reveals a drug present which is questionable, the employee will be contacted by the Medical Review Officer in order for the employee to explain, in confidence, and/or provide additional documentation as the Medical Review Officer deems necessary to satisfy the Medical Review Officer that the presence of such drug is not unlawful. An employee shall be given the opportunity to explain, in confidence, the results of the test. c. The employee must provide the requested explanation and/or documentation as requested by the Medical Review Officer within forty- eight (48) hours of time of request. Failure to provide information within the forty-eight (48) hours will result in employee's drug screen being reported to the Personnel Department as positive. d. If the employee provides explanation and/or documentation within forty- eight (48) hours of the request, sufficient to satisfy the Review Officer that the presence of the drug is lawful, the result of the drug screen test shall be reported to the Personnel Department as negative. e. An employee testing positive, to a drug screen and/or alcohol test shall result in the employee being referred to the EAP and subject to disciplinary action, which may include termination. Participation in the EAP will not jeopardize future employment or advancement, but will also not protect employees from disciplinary action(s) for continued substandard job performance or work-rule infractions. The EAP is provided to all employees as defined in this policy without charge or cost to the employee. Any cost of subsequent referrals from the EAP to other treatment programs shall be at the expense of the employee and may be covered by the employee's individual and/or group health insurance plans. 29 f. The test results will not be disclosed to any person other than the employee, Personnel Director and those involved directly on a need to know basis. g. Any employee tampering with the results of a drug screen/alcohol test will be terminated. 8-9 PERSONNEL ACTION FOLLOWING TESTING A. No disciplinary action, except a temporary suspension or temporary transfer to another department, may be taken by the City against an employee based upon a positive test result unless the test result is confirmed by a second test, using gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy as approved by rule of the State Board of Health at the cutoff levels determined by Board rule. +~ B. The City may take disciplinary action against an employee who refuses to undergo drug or alcohol testing conducted in accordance with the provisions of the City's Policy, the Oklahoma Standards for Workplace Drug and Alcohol Free .~ Workplace Testing Act and/or the Omnibus Transportation Employee Testing Act and/or the Federal Drug-Free Workplace Act of 1988. C. An employee discharged on the basis of a refusal to undergo drug and/or alcohol testing or a confirmed positive drug or alcohol test conducted in accordance with the provision of the City's Policy, the Oklahoma Standards for Workplace Drug and Alcohol Testing Act and/or the Omnibus Transportation Employee Testing Act and/or the Federal Drug-Free Workplace Act of 1988 shall be considered to have been discharged for misconduct for purposes of unemployment compensation benefits. D. An employee testing positive, to a drug screen and/or alcohol test shall result in ~ the employee being referred to the EAP and subject to disciplinary action, which may include termination. Participation in the EAP will not jeopardize future employment or advancement, but will also not protect employees from disciplinary action(s) for continued substandard job performance or work-rule infractions '~ E. An employee may appeal his/her disciplinary action or termination subject to the policy and procedures found in Chapter 7 of the CITY OF OWASSO PERSONNEL MANUAL. ~ 30 8-10 SUPERVISORS TRAINING AND EMPLOYEE EDUCATION ~ A. Supervisors Will Be Trained: ~ 1. To recognize employees when they appear unfit for duty because of drugs or alcohol and how to determine reasonable suspicion. This training shall include a minimum of 60 minutes alcohol misuse instruction and 60 minutes controlled substance use/misuse instruction. 2. To effectively and appropriately intervene in reasonable suspicion instances. 3. To understand the methods of the City Drug and Alcohol Free Workplace procedures. 4. To effectively and appropriately document reasonable suspicion cases prior to the test, and after the initial hearing. 5. In proper disciplinary measures. 6. In issues relative to privacy, search and seizure, and employee representation rights during investigations. 7. In the services available through the EAP, specifically as related to drug and alcohol use. B. Employee Education Shall Consist Of: 1. Educating employees concerning the harmful effects of drugs and alcohol in the workplace; The City shall provide educational materials that explain the requirements of alcohol misuse and controlled substances use and the City's policies and procedures with respect to meeting these requirements. The City shall ensure that a copy of these materials is distributed to each employee prior to the start of drug and/or alcohol testing and to each driver hired or transferred into a position requiring driving a commercial motor vehicle. 2. Encouraging employees to voluntarily seek assistance through the Employees Assistance Program and the services available through the EAP; 3. Informing employees concerning the City's concern for correcting drug and alcohol use or dependency before it adversely affects an employee's work record and causes irreparable harm to the employee and the residents of the City. 31 4. Informing employees of possible disciplinary actions for failure to comply with either mandated testing or recommendations of the Substance Abuse Professional from the Employee Assistance Program. ^ 5. The City shall provide written notice to representatives of employee organizations of the availability of this information. 6. The Personnel Director and/or his/her designee are designated by the City to ~ answer questions concerning distributed materials and City Policies. 8-11. RECORD KEEPING AND CONFIDENTIALITY A A. City shall maintain all drug and alcohol test results and related information, ~, including, but not limited to, reasonable suspicion documentation, interviews, reports, statements and memoranda, as confidential records, separate from other ~ personnel records. Such records, including the records of the testing facility, ,, shall not be used in any criminal proceeding, or any civil or administrative proceeding except in those actions taken by City or in any action involving the individual tested and the City or unless such records are ordered released pursuant to a valid court order. ,h B. The records described in Paragraph A. above, and maintained by City, shall be ~ the property of the City and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The City shall not release such records to any person other than the applicant, employee or the City's Medical Review Officer, unless the applicant or employee, in writing, following receipt of the test results, has expressly ~~ granted permission for the City to release such records or pursuant to a valid court order. C. A testing facility, or any agent, representative or designee of the facility, or any Medical Review Officer, shall not disclose to the City, based on the analysis of a sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: 1) The general health, pregnancy or other physical or mental condition of the applicant or employee; or 2) The presence of any drug other than the drug or its metabolites that the City requested by identified and for which a medically acceptable explanation of the positive results, other than the use of drugs, has not be forthcoming from the applicant or employee. 32 `"~ Provided, however, a testing facility shall release the results of the drug or alcohol test and any analysis and information related thereto, to the individual tested upon his request. 8-12 CITY RESPONSIBILITIES UNDER LAW The Personnel Department is responsible for notification of the drug testing policy and procedure to employees as specified, and educating and training of employees, Department Directors, and supervisors as outlined. The Personnel Department provides an Employee Assistance Program and will coordinate City education and training relative to drug testing and the benefits of voluntary admission into the EAP. 8-13 EMPLOYEE NOTICE TO THE CITY It is mandatory that any employee notify the City Personnel Department, within five (5) working days, if he/she has been convicted of a criminal drug status violation. i 8-14 CITY NOTICE TO FEDERAL GOVERNMENT The City as a recipient of a grant from the Community Development Block Grant Program from the United States Department of Housing and Urban Development (HUD) shall notify HUD within ten (10) days after receiving notice of any employee convicted of a criminal drug statute. 8-15 DRUG TESTING DOES NOT PROTECT EMPLOYEES FROM LAW ENFORCEMENT AGENCIES No section of this policy is to be interpreted as protecting City employees from law enforcement agencies or agents wishing to apprehend or investigate City employees for the use, sale, or distribution of an illegal controlled or scheduled substance as a part of a bona fide criminal investigation. 33 8-16 REPEAL AND CONTINUATION All previous related policies shall be repealed upon implementation of this policy. (NOTE: Implementation cannot be effective until after 30 days from the adoption or approval of new policies or modifications to existing policies.) All previous policies shall remain in effect from the date of adoption or approval of this policy until the effective date. NOTIFICATION OF STATE AND FEDERAL PENALTIES Any person who willfully and knowingly violates the provisions of the Oklahoma Standards for Workplace Drug and Alcohol Testing Act is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not less than $100 or more than $5,000, by imprisonment in the county jail for not more than one year or by both. Any employer or driver who willfully and knowingly violates the provisions of 49 CFR part 382, shall be subject to the Penalty Provisions of 49 U.S.C. 521(b) which shall include fines up to $10,000.00 per offense. 34 ' CITY OF OWASSO DRUG OR ALCOHOL TESTING CONSENT FORM ' EMPLOYEE/APPLICANT NAME: DATE: (Circle One) ^ DEPT: DEPARTMENT DIRECTOR: NAME OF CITY REPRESENTATIVE REQUESTING TEST: MEDICAL CONSENT: The undersigned hereby consents to a drug screen/alcohol test to be administered, as requested by the City. ~ AUTHORIZATION TO RELEASE TEST RESULTS AS POSITIVE OR NEGATIVE, TO THE CITY: I authorize the Medical Review Officer (MRO) to release the results of the alcohol test 1 and/or drug screen, as being positive or negative, to the City Personnel Director or his/her designate. ' [ ] APPLICANT: I understand that refusal to consent to a drug screen and/or alcohol test shall be sufficient reason for the refusal to hire. I understand that upon a drug screen and/or alcohol test result of positive, my application for employment with the City shall be deemed withdrawn. ~ [ ] EMPLOYEE: I understand that refusal to consent to a drug screen and/or alcohol test shall be grounds for discipline. I further understand that a drug screen and/or alcohol test result of positive shall be grounds for discipline, which may include termination. I give my consent to the drug screen and/or alcohol test with the understanding that the results of a drug screen test shall be reported to the City Personnel Department as ~ positive or negative and the results of the test(s) shall remain and be kept confidential. EMPLOYEE/APPLICANT SIGNATURE: CITY REPRESENTATIVE: ' h:\meso\art22.doc 35 DATE: DATE: CITY OF OWASSO DRUG AND ALCOHOL DETECTION, INTERVENTION AND EMPLOYEE ASSISTANCE POLICY CERTIFICATE OF RECEIPT "~ I hereby validate that my employer, the City of Owasso, Oklahoma, has given me information on the DOT regulation CFR 49 Part 382 and the City of Owasso's testing policy for safety- sensitive positions. I hereby certify that I have been given information and understand: a. Who is covered by the regulation; b. The City of Owasso Drug and Alcohol Detection, Intervention and Employee Assistance Policy; c. I have been provided information from the City of Owasso EAP provider regarding the effects of substance abuse on job performance and personal health and was given literature on other resources for assistance; and d. I have had all my questions answered with regard to the City of Owasso Drug and Alcoho] Detection, Intervention and Employee Assistance Policy and/or am aware that if I have questions about this policy I can talk to the Personnel Office or call EAP and receive confidential information. I agree to comply with the City of Owasso policy as mandated by the DOT and as required by policy. I understand that disciplinary action, up to and including termination, may be imposed for violations of the program policy. Print Employee Name Employee Signature Social Security # Date 36 MEMORANDUM TO: JIM DOBRINSKI, PRESIDENT FOP LODGE x#149 FROM: ALLAN E. HARDER SUBJECT: MEMORANDUM OF AGREEMENT, DRUG & ALCOHOL DETECTION, INTERVENTION AND EMPLOYEE ASSISTANCE POLICY DATE: December 11, 1996 BACKGROUND: The City has developed a comprehensive Drug and Alcohol Testing Policy covering all employees. In the development, the City reviewed: the U.S. Code of Federal Regulations (49CFR, Part 382) that mandates testing for drivers of commercial vehicles; Executive Order No, 12564 issued by President Reagan that implemented testing for Federal employees; and the Oklahoma Standards for Workplace Drug and Alcohol Testing Act that established guidelines for employee testing in Oklahoma. The policy was developed to comply with all laws, rules and regulations. Upon completion of a preliminary draft, the FOP was notified of our desire to open impact negotiations for the purpose of discussing the impact the implementation of the policy would have on the FOP and its members. The initial impact negotiation meeting was held October 31, 1996, at the Owasso Public Library. Simultaneous with the FOP negotiations, the City was meeting with the IAFF, with the initial meeting on October 30, 1996. During the initial meetings, concerns were discussed and subsequently, agreed amendments were made to the DRAFT policy and a second DRAFT provided to both organizations. A second meeting was held with the FOP on November 12 and with the IAFF on November 11. Again, following those meetings agreed modifications were implemented into the DRAFT policy. Revised DRAFT policies were delivered to the IAFF and FOP on November 14 and 15, 1996. In all meetings, the FOP and City agree that all parties benefit from employee drug and alcohol testing by providing a safer working environment and a means to provide aid to employees who might be identified with use and/or abuse of alcohol and/or drugs. During the second meeting, it was understood that no major obstacles remained to agreeing that implementation was in everyone's best interest. Jim Dobrinski Memo December 11, 1996 Page 2 From the initial meeting it has been the City's vision that upon agreement to the content of ~ the policy and on its intent, that a "Memorandum of Agreement" be attested to by both the City and the FOP Lodge X149. This document is recognized as that "Memorandum of Agreement. " IMPACT OF IMPLEMENTATIONS: Implementation of the City of Owasso's Drug and Alcohol Detection, Intervention and Employee Assistance PolicX, effective on January 17, 1997, which includes random testing of employees for drug and/or alcohol, will impact the FOP member/employees as well as all City employees. While minor instances may temporarily seem to create inconvenience, the ,~ overall impact is viewed as positive. The implementation of the policy will enhance the safety of the workplace by identifying those employees who may have a problem with the use and/or abuse of drugs and/or alcohol. That impact is to aid those identified with such problems, resulting in mutual benefit for both the City and the employee. 1 AGREEMENT BETWEEN THE CITY OF OWASSO AND FOP LODGE #149: The City and the FOP agree that both are concerned for their employees/members whose use of controlled substances could adversely affect job performance and the well-being of the employee, the employee's family and the employee's co-workers. Both also agree that it is the City's intent to provide a safe and secure working environment for its employees and to aid those identified with drug and/or alcohol problems whenever possible in their treatment of those problems. implementation of the policy and programs. They further agree that the implementation of the DruP and Alcohol Detection, Intervention and Employee Assistance Policy, effective on January 17, 1997, and its included testing programs are of mutual benefit and will continue to cooperate in the In the spirit of cooperation and understanding, the City of Owasso and FOP Lodge #149 enter into this "Memorandum of Agreement." ` ~ b'3~eF,, 7 Fort ity or the FOP Lodge #149 Date Date MEMORANDUM Chief Maria Alexander/Chief Bob Allen/ Ms. Sherry Bishop/Mr. Robert Carr, Jr./Mr. Jim McElrath/ Ms. Angela Henderson/Mr. Tim Rooney/Mr. Warren Lehr TO: ALL DEPARTMENT DIRECTORS FROM: ALLAN E. HARDER SUBJECT: OPEN MEETINGS FOR ALL EMPLOYEES DATE: November 26, 1996 PLEASE NOTIFY ALL EMPLOYEES AND/OR POST THIS NOTICE WHAT: Open meetings for all employees to provide information about the Drug & Alcohol Testing Policy. Any employee wanting information about the DRAFT policy should attend one of the meetings. Employees desiring a copy of the DRAFT can pick one up in Personnel prior to the meeting. WHEN: Tuesday, December 3, 1996 9:00 am Tuesday, December 3, 1996 10:00 am Thursday, December 5, 1996 1:00 pm Thursday, December 5, 1996 2:00 pm WHERE: Quilting Room, Community Center. ~~ra~e ~~do~tauo~ ~ ~~ 3~~Q AFFILIATED WITH AFL•C 10 -- CLC u ~. < ~~-; Local No. 2789 MIKE SOLE PRESIDENT P.O. Box 510 ADDRESS Owasso, OK CITY STATE MARK STUCKEY S ECRETARV P.O. Box 510 ADDRESS Owasso, OK CITY STATE 12/17/96 DATE TO: CITY MANAGER RODNEY RAY FROM: PRESIDENT LOCAL 2789 REFERENCE: DRUG POLICY After numerous meetings between the negotiating team for the IAFF Local 2789 and city representation regarding the impact of implementation of the drug policy, it is the position of the negotiating team that the drug testing policy being presented to the city council of the City of Owasso, Oklahoma, for adoption is acceptable in both content and as well as form. We intend on presenting this drug testing policy to the membership of the Local at the earliest opportunity with the fullest expectation that such drug testing policy will be accepted by the membership. ~~~ ~tss